Germany Plans Stricter Sick Leave Rules: What Workers Need to Know

Introduction

Germany has one of the highest rates of workplace absenteeism in Europe, and the current coalition government has made reducing it a policy priority. A package of proposed changes to sick leave rules is now generating significant controversy — among doctors, health insurers, and even within the Social Democrats (SPD) themselves. For expats working in Germany, these potential changes are highly relevant: they could affect how and when you need to visit a doctor, your rights during illness, and potentially your income. Here is a clear breakdown of what is being planned and what remains uncertain.

What the Coalition Is Proposing

The core of the coalition's plan is to make sick leave certification stricter, with the aim of discouraging what some politicians describe as unnecessary absences. The most discussed measure is requiring employees to obtain a medical certificate (Arbeitsunfähigkeitsbescheinigung, or AU) from the very first day of illness, rather than the current legal default of the fourth day.

Additionally, there are discussions about tightening controls on how sick leave is issued and potentially introducing financial disincentives for frequent short-term absences. The precise form of these measures — whether they would be enshrined in law or left to collective bargaining agreements — is still being debated within the coalition.

The stated goal is to reduce Germany's sick day rate, which reached a record high in recent years. According to data from major health insurers, German employees took an average of around 20 sick days in 2023, significantly above the European average.

Who Is Pushing Back — and Why

The proposals have encountered substantial resistance from multiple directions.

Doctors and medical associations argue that forcing patients to come to a GP surgery on day one of illness is counterproductive: it puts pressure on already stretched practices, risks spreading infectious illness in waiting rooms, and does not actually address the underlying reasons for high absenteeism — such as poor working conditions, stress and an ageing workforce.

Health insurers (Krankenkassen) have raised doubts about whether stricter certification rules will lower sick day numbers. They point to evidence suggesting that the causes of absenteeism are structural, not bureaucratic.

Parts of the SPD — the junior coalition partner — have expressed unease about what they see as a punitive approach toward workers. Some SPD politicians argue that the focus should be on improving workplace health rather than penalising sick employees.

What Is Still Open

As of the time of publication, several critical questions remain unanswered:

• Will the day-one certificate requirement become law, or will it be left to individual employers and collective agreements?
• Will there be exceptions for employees with chronic conditions or those already under long-term treatment?
• What role will digital AU certificates play? Since 2023, certificates are sent electronically from GPs to insurers and employers, but the workflow for day-one requirements has not been specified.
• Timeline: No firm legislative calendar has been announced.

Given the internal coalition disagreement, it is possible that the final measures will be significantly watered down from what is currently being discussed.

How This Could Affect Expat Workers in Germany

For expats, the most immediate practical implication of a day-one certificate requirement would be the need to be registered with a GP (Hausarzt) and able to get an appointment quickly. In Germany's current healthcare landscape, same-day GP appointments can be difficult to obtain, particularly in cities with high demand.

If you are currently covered by statutory Krankenversicherung, your sick pay rights (Entgeltfortzahlung for six weeks, then Krankengeld) would remain unchanged under the proposals discussed so far — the debate is about documentation, not entitlement levels. However, if you fail to provide a certificate on time under new rules, you could risk your employer questioning the validity of your absence.

For workers on fixed-term contracts or in industries with high union coverage, collective agreements (Tarifverträge) may provide additional protections or set different certificate rules regardless of what the law says — always check your specific agreement.

Frequently Asked Questions

When do I currently need to show a sick note in Germany?

Under current law, you must provide a medical certificate from the fourth calendar day of illness. Your employer's contract can require it earlier — even from day one — but this must be explicitly stated in your employment contract or works agreement. The coalition proposals would potentially make day one the legal default for all workers.

Would stricter rules affect my sick pay entitlement?

The proposals being discussed do not directly change the amount or duration of sick pay. You would still be entitled to full salary continuation (Entgeltfortzahlung) for up to six weeks, followed by Krankengeld from your Krankenversicherung. The changes focus on how quickly you must prove illness, not on how much you receive.

What should I do now to prepare?

The most sensible step is to make sure you are registered with a Hausarzt who can issue same-day or next-day certificates if needed. If you do not yet have a regular GP, registering with one before you fall ill will save significant stress. Also review your employment contract to understand what your current certificate obligations already are.

Conclusion and Next Steps

Germany's proposed sick leave changes are still in flux, with no confirmed legislation at this stage. Workers — including the millions of expats employed across the country — should monitor developments closely. If a day-one certificate requirement becomes law, having a registered GP and understanding your Krankenversicherung coverage will be more important than ever.

Deutschland4U will update this article as the coalition's plans become clearer. In the meantime, consult your employer's HR department or a labour law adviser (Fachanwalt für Arbeitsrecht) if you have specific questions about your individual situation.

Source: Tagesschau