Sick Leave in Germany (Krankmeldung): Your Rights as an Employee

Imagine waking up with a fever, knowing you can't make it to work, but unsure if you've followed all the rules for reporting sick in Germany. You're not alone—getting sick leave in Germany (Krankmeldung) right protects your job and pay while ensuring compliance with the law. As employees, we have clear rights under the Entgeltfortzahlungsgesetz (EntgFG), but missing a step can lead to warnings or worse. This guide breaks down everything you need to know for 2026, from immediate reporting to electronic certificates (eAU), so you can focus on recovery.

What is Krankmeldung and Why Does It Matter?

In Germany, Krankmeldung is your official notice to the employer that you're unable to work due to illness. It's not just politeness—it's a legal duty under § 5 EntgFG. Failing to report promptly can result in an Abmahnung (warning) or even termination in repeated cases. With the shift to fully digital eAU since 2025, the process is paperless, but your responsibilities remain unchanged.

Employers must continue paying your full salary for up to six weeks in a single illness period, giving you peace of mind during recovery. Beyond that, Krankengeld from your Krankenkasse kicks in. Understanding these rules helps us avoid common pitfalls, like forgetting to update on hospital stays, which Krankenkassen now report automatically.

Your Immediate Obligations: Reporting Sickness Right Away

The moment you realise you're too ill to work, notify your employer unverzüglich—as soon as possible, ideally before your shift starts. There's no prescribed method unless your contract specifies one; phone, email, or HR software all work.

Key Steps for a Proper Krankmeldung

• Call or message early: State you're sick, expected duration if known (e.g., "I'll be out for at least a week due to surgery"), and how you'll provide updates.
• Follow employer rules: Check your contract or handbook—some require a specific form or number.
• Update regularly: Inform about extensions, especially for hospital or rehab stays.

Without this initial report, even an eAU won't activate properly, as employers must request it from the Krankenkasse. Minijobs in private households are exempt from eAU but still need verbal reporting.

When Do You Need an Arbeitsunfähigkeitsbescheinigung (AU)?

Standard rule: No AU needed for the first three calendar days—just your Krankmeldung suffices. From the fourth day, submit an AU, which your doctor sends electronically to the Krankenkasse.

Exceptions and Employer Demands

Employers can demand an AU from day one without justification or contract changes—common in high-absenteeism roles. Rückwirkend (retrospectively), AUs cover up to three days. For longer illnesses, get Folgebescheinigungen (follow-up certificates) to extend coverage.

Scenario	AU Required By	Notes
Standard (no contract clause)	Day 4	Up to 3 days without
Employer demands early	Day 1	No reason needed
Ill abroad or private doctor	Day 4 (paper proof)	Krankenkasse notifies but doesn't detail dates
Hospital/Rehab	Automatic notification	Still report yourself

Each new Folgebescheinigung resets the six-week Lohnfortzahlung clock for that illness. No limit on short 3-day absences per year.

Your Rights to Paid Sick Leave

We're entitled to full net salary (Entgeltfortzahlung) for up to **six weeks** per illness case. This covers one continuous period or separate episodes of the same ailment—new illnesses restart the clock. After six weeks, apply for Krankengeld via your Krankenkasse (typically 70-90% of salary, max €116.38/day in 2026).

Employers can't force you back to work prematurely; doing so breaches their Fürsorgepflicht (duty of care) and could lead to compensation claims. If they doubt your recovery, they may request a Gesundschreibung or medical check—not you proving fitness.

"Arbeitnehmer erhalten in langen Krankheitsfällen für bis zu sechs Wochen weiterhin ihren normalen Lohn."

Special Cases: Long-Term Illness and Integration

Over six weeks' absence in 12 months triggers betriebliches Eingliederungsmanagement (BEM)—employer-led reintegration plans. Participate actively; it shows good faith. For frequent short illnesses, watch for patterns—courts have upheld dismissals for proven abuse, like falsifying doctor contacts.

The eAU System in 2026: How It Works

Since 2025, all AUs are electronic: Doctors transmit securely to Krankenkassen; employers retrieve them digitally—no more yellow forms. You still initiate with Krankmeldung.

eAU Data Shared

• Your name
• Start/end dates
• First/follow-up status
• Work accident flag

Abroad? Provide paper AU. Krankenkassen now alert on hospital discharges.

Common Mistakes and How to Avoid Them

1. Delaying Krankmeldung: Always first step—risks pay deduction.
2. Forgetting Folgebescheinigung: Gaps end entitlement.
3. Ignoring contract terms: Day 1 AU clauses are binding.
4. No updates on duration: Especially for planned treatments.
5. Abuse suspicions: Six in ten admit occasional feigned illness—don't risk it.

Tip: Document everything—screenshots, call logs. If disputed, contact your Betriebsrat or Arbeitsagentur.

Next Steps: Stay Protected and Healthy

Review your contract today for AU rules, save your HR contact, and discuss BEM early if chronically ill. If issues arise, reach out to your Krankenkasse, Gewerkschaft, or Arbeitsgericht. Prioritise health—we're stronger at work when recovered properly. For personalised advice, consult make-it-in-germany.com or your local Arbeitsagentur.