Learn in our employment dictionary about the process for reporting sickness under labor law and which regulations apply to employees and employers.
If an employee is sick, they must inform their employer immediately and, if possible, before the start of their work shift. They should also state the probable duration of their incapacity to work. If the employee does not report their sickness before the start of work or as soon as possible, this can lead to a warning. Paragraph 5 of the Continued Remuneration Act (EntgFG) also states that the sickness notification should reach the employer immediately, but does not prescribe a uniform deadline.
Ideally, a sickness report should be made personally by phone. Sickness reports via email, SMS, or answering machine do not guarantee that the employer will receive them or be informed in time. However, this can vary from company to company and should ideally be discussed as transparently as possible with employees. The employee does not have to disclose the reason for their sickness. Employees are only obliged to inform the employer about the sickness report itself.
“If the incapacity to work lasts longer than three calendar days, the employee must submit a medical certificate confirming the incapacity to work and its probable duration no later than the following workday. The employer is entitled to request the submission of the medical certificate earlier. If the incapacity to work lasts longer than stated in the certificate, the employee is obliged to submit a new medical certificate. If the employee is a member of a statutory health insurance fund, the medical certificate must contain a note from the treating physician stating that a certificate of incapacity to work, including details of the diagnosis and the probable duration of the incapacity, will be sent to the health insurance fund without delay.” (Paragraph 5 of the Continued Remuneration Act (EntgFG)).
