Periods of illness

In accordance with the Entgeltfortzahlungsgesetz (Continued Remuneration Act), employed persons covered by mandatory social security insurance are entitled to continued payment of wages/salaries or wage-replacement benefits (illness benefits or injury benefits) during periods of inability to work.

If you are ill or have suffered a work-related accident, you are eligible to receive illness benefits from your health insurer during the first four weeks of employment. Beginning on the first day after the end of this 4-week period, your employer is required by law to continue paying your wages or salary for up to 6 weeks  (100% of lost income is covered). After the end of this 6-week period, you will receive illness benefits from your health insurer (70% of gross earnings; a maximum of 90% of net earnings).

You are required to report your inability to work to your employer immediately. If you are unable to work for more than three calendar days, you must submit a physician’s certificate of illness (Krankenschein oder sick note) no later than the fourth day. A copy of the certificate must be submitted to your health insurer within one week. If no certificate is submitted to the health insurer, you will lose your entitlement to illness benefits! The employer may request a certificate from the first day.

As of January 1, 2023, the previously written sick note for those with statutory health insurance in Germany has been digitized. Medical practices within Germany now report sick notes directly to the statutory health insurance companies. Employers can retrieve sick notes electronically from the statutory health insurance companies. The certificate of illness must still be issued in paper form and in duplicate. You must submit one copy to your employer and the second copy to your health insurance fund within one week. If no certificate is sent to the health insurance fund, you may lose your entitlement to sick pay if you are unable to work for more than 6 weeks!

Cross-border workers may continue to consult physicians in their countries of residence (on the basis of the S1 Form, which has now replaced the old E106 Form). A certificate of illness will also be accepted in the language of the country of residence. It is important to ensure that your physician records the diagnosis (diagnosis code).

Please note! Termination of employment is possible during periods of inability to work! Your employer must comply with the minimum notice period and continue to pay your wages/salary until the end of your employment if you are still unable to work or the six-week period has not expired. In that case, your health insurer will pay your illness benefits until your health is restored (a maximum of 78 weeks for the same illness). You will remain insured by your health insurer during that period. After the end of your inability to work you must register as unemployed with the Agentur für Arbeit. If you are a cross-border worker, you are required to register as unemployed with the appropriate Employment Office in your country of residence and your health insurer. Remember that you are obliged to deregister with your German insurer within 8 days.

Further information is provided at: DGB Sachsen