How to Take a Mental Health Sick Day in Germany (AU-Bescheinigung)

Feeling overwhelmed, burnt out, or just in need of a break to recharge your mind? In Germany, taking a mental health sick day is not only possible but legally protected, just like for physical illnesses. With the right steps involving an Arbeitsunfähigkeitsbescheinigung (AU-Bescheinigung), you can prioritise your wellbeing without fear of repercussions.

We'll walk you through everything you need to know about how to take a mental health sick day in Germany, from notifying your employer to securing your AU-Bescheinigung and understanding your rights under current 2026 regulations. Whether you're in GKV or PKV, employed or navigating unemployment, this guide equips you with practical advice tailored for us here in Germany.

Understanding Mental Health Sick Leave in Germany

Mental health conditions such as stress, anxiety, depression, or burnout qualify for sick leave under German labour law. The Entgeltfortzahlungsgesetz (EFZG) treats mental and physical illnesses equally, entitling you to paid time off when you're unable to work.

Your employer doesn't need details about your condition – you simply inform them you're unfit for work. This privacy is key, protecting you from stigma while ensuring compliance.

Key Legal Rights for 2026

• Paid sick pay for 6 weeks: Your employer continues paying your full salary (up to 100%) for the first 6 weeks of incapacity.
• Krankengeld after 6 weeks: If still unfit, your statutory health insurance (GKV) provides sickness benefit, typically 70-90% of your net salary, for up to 78 weeks in 3 years.
• No reason required initially: Just notify your employer promptly; no medical details needed until an AU is requested.
• Updated thresholds: In 2026, the contribution assessment limit for GKV rises to €5,812.20 monthly, affecting Krankengeld calculations for higher earners.

Always check your employment contract – some firms require an AU from day 1, especially during probation.

Step-by-Step: How to Take a Mental Health Sick Day

Step 1: Notify Your Employer Immediately

Call, email, or message your boss or HR as soon as possible, ideally on the first day. Say something simple like: "I'm unfortunately unable to work today due to illness." No further explanation is needed.

Weekends count towards the sick day tally. If you're off Friday and still unwell Monday, that's 3 days – time to prepare for an AU.

Step 2: See a Doctor for Your AU-Bescheinigung

Most employers require an AU from the 3rd or 4th consecutive day. Get it from your Hausarzt or via telehealth. Options include:

• In-person visit: Book with your GP; they issue the yellow-form AU (or digital eAU).
• Video or phone consultation: Services like TeleClinic, AU-Schein.de, or Doktor.de offer quick appointments, often same-day.
• PKV perks: Private insurers like Feather provide free English-speaking video docs.

Important for 2026: Courts have ruled that purely online AUs without proper consultation may not hold up, potentially leading to termination risks. Opt for video with a real exam where possible.

The AU includes: incapacity start date, expected end, doctor's details, and whether it's work-related.

Step 3: Submit the AU

Since 2023, GKV digitally sends eAUs to your employer via your Krankenkasse – no paper needed. For PKV or non-digital employers, provide a copy yourself.

Keep originals and follow up if needed. Your doctor often handles submission to your insurer too.

Step 4: Beyond 6 Weeks – Apply for Krankengeld

After employer pay ends, submit ongoing AUs (every 2 weeks) to your Krankenkasse for approval. Get employer signature on the form first.

Requirements: GKV membership, work permit (if applicable), and doctor certification.

Mental Health Specifics: What Doctors and Employers Need to Know

Mental health AUs are common for burnout or exhaustion. Doctors assess via symptoms like sleep issues, concentration loss, or anxiety impacting work.

Employers can't demand specifics or a second opinion without cause, per data protection laws. If pressured, contact your Betriebsrat or Arbeitsagentur.

Tips for a Successful Mental Health Sick Day

1. Prepare in advance: Know your company's policy from the Einarbeitsvertrag.
2. Rest actively: Use the time for walks, therapy, or mindfulness – not just Netflix.
3. Document everything: Save emails and AU copies.
4. Seek support: Contact your Krankenkasse hotline or Telefonseelsorge (0800 111 0 111) for free counselling.
5. Return smoothly: Provide a recovery note upon return; ease back with reduced hours if needed.

For long-term issues, consider a Fähigkeitsgutachten from your insurer or rehab via Rentenversicherung.

Sick Leave if Unemployed or Freelancing

Unemployed (ALG I Recipients)

If receiving Arbeitslosengeld I, notify the Arbeitsagentur immediately with an AU. Benefits continue for 6 weeks, then switch to Krankengeld.

Freelancers/Self-Employed

After 6 weeks, notify your Krankenkasse directly for Krankengeld. PKV policies vary – check coverage.

Common Pitfalls and How to Avoid Them

• Ignoring probation rules: Day 1 AU often required.
• Missing notifications: Always confirm receipt.
• Invalid AUs: Avoid no-exam online services post-2026 rulings.
• Overstaying without updates: Renew AUs biweekly for pay.

Disclaimer: This is general advice. Consult your doctor, Krankenkasse, or a legal expert for personalised guidance. Mental health is serious – professional help is essential.

Next Steps for Your Mental Wellbeing

Don't wait until burnout hits – if you're struggling, book a doctor's appointment today. Explore free resources like the Bundesgesundheitsministerium's mental health portal or your local Gesundheitsamt. Remember, taking a mental health sick day is a step towards resilience, not weakness. Prioritise yourself, follow these steps, and return stronger. If symptoms persist, seek therapy via your Krankenkasse – it's covered.