Sick leave: Everything employers need to know
SaaS.de explains what employers need to know about sick leave
Sick leave rates in Germany remain high: according to DAK-Gesundheit, they stood at 5.4 per cent in 2025 and at 5.3 per cent in the first half of 2026. Mental health conditions are now the most common reason for days off work. In an interview with tagesschau.de, a GP from Herne emphasises just how significant a role the workplace plays in this.
The legal framework
In the event of incapacity for work, employers must continue to pay wages for up to six weeks (Section 3 of the EFZG). A medical certificate must be provided by the fourth day of sickness at the latest. However, employers may also request it earlier (Section 5 of the EFZG).
Key points at a glance
Electronic sick note:
If you are covered by statutory health insurance, you can obtain the certificate of incapacity for work from your health insurance provider. You will not be informed of the diagnosis.
Sick leave by telephone:
This remains possible for up to five days. A policy decision has been made to phase this out, but it has not yet been implemented (as of October 2026).
Workplace integration management:
If employees are unable to work for more than six weeks within a twelve-month period, you must offer them a workplace integration programme (Section 167(2) of Book IX of the Social Code).
Challenges: What can employers do?
Can sickness absence be reduced?
Yes, primarily by improving working conditions: a realistic workload, good staff planning, ergonomic workstations and managers who initiate a dialogue following a prolonged period of sickness.
Is mistrust justified?
The GP interviewed believes that the misuse of telephone sick notes is significantly less common than is often claimed. If you have specific doubts, you can involve the health insurance fund’s medical service.
Tip from SaaS.de
Record sick days in your holiday management system as a separate reason for absence. This allows you to spot clusters within individual teams and identify in good time when a BEM is required.
You can find more on this topic in our blog post ‘Sick on holiday’.
Sources:
Sections 3 and 5 of the EFZG, Section 167(2) of SGB IX
DAK-Gesundheit, Sick Leave 2025 and the first half of 2026
tagesschau.de, interview with Dr Dominic Geisler (26 November 2025)