November 24, 2024, 3:24 pm | Read time: 3 minutes
If you’re ill, you can’t work. But simply not coming in is, of course, not an option. You need to announce your absence as soon as possible, and, depending on the duration of the illness, further measures may be necessary. FITBOOK author Laura Pomer explains the seemingly self-explanatory 3-day rule for sick notes in Germany as well as the general regulations and possible special cases.
When is a sick note necessary? The answer is as soon as possible. Anyone who notices in the morning that they feel too unwell to work should report this to their employer as soon as possible. Depending on the company, there are specific contact persons for this notification. In many cases, an email to the relevant person(s) is sufficient, possibly with further information in cc – in others, a quick phone call is enough. Unlike sick notes, sick leave is not as urgent. In general, no official sick note from a doctor is required for a sick day. But beware: there may be exceptions. And there is also a popular misinterpretation of the 3-day rule for sick leave. FITBOOK clarifies.
Overview of the rule
What does the 3-day rule mean for sick notes?
If you have to be absent from work for at least three days or are unable to work from home, you must provide your employer with a doctor’s note, i.e., an official certificate of incapacity for work. This does not state what the employee is ill with. The letter only serves to verify that the employee will probably be unable to work for medical reasons and for how long.
Calendar days count when calculating the deadline
So far, so simple. However, employees should know that it is not the working days that are decisive for the duration of their confirmed incapacity to work but the calendar days. This means that if your sick days extend over weekends or public holidays, these must be taken into account when calculating the time limit. If your doctor writes you off sick for five days on Thursday, for example, your time off work will not last until the following Wednesday. In this case, you would have to be ready for work again on Tuesday.
Declaration of incapacity to work from the first day of illness
Although not as detailed, the basic principle of the 3-day rule for sick leave is probably well-known to most employees. It is, therefore, all the more important to mention that there may be exceptions to this rule. According to Section 5 of the Continued Remuneration Act, companies have the fundamental right to request a sick note on the first day of illness.1 The reasons for this can be of various kinds, but these do not have to be stated. Employees should, therefore, carefully read the rules on sickness obligations in their employment contract.
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The yellow slip no longer exists
The classic yellow slip, i.e., a printed sick note that had to be handed in or sent to the employer, no longer exists in its old form. Since the beginning of 2023, information on incapacity for work for people with statutory health insurance has been sent electronically to their health insurance provider, where the employer can retrieve it.2
Privately insured persons are (still) an exception. Until further notice, they must submit their sick note in paper form as usual.