Germany Tightens Sick Leave Rules With Day-One Doctor's Note — But Critics See a Backfire Risk
Published on 07/13/2026 at 10:53 | Redaktion boerse-global.de
Doctors who issue fake medical certificates face up to two years in prison, while employees caught cheating could be jailed for five years under a tough new sick-leave regime announced by Chancellor Merz's coalition government. The measures, approved on July 2, 2026, scrap the long-standing practice of allowing workers to call in sick without a doctor's note for the first three days. From now on, a medical certificate is required from day one nationwide.
The shake-up comes amid rising absenteeism. Federal statistics show that in 2023, civil servants averaged 20.9 sick days per person, compared with 15.3 days for private-sector employees. The coalition argues that a mandatory first-day certificate will deter malingering and bring down what it calls "substantially increased" sickness rates. Yet whether the policy will achieve that goal is fiercely contested.
A study by the IGES Institute places Germany seventh in a European ranking of lost working time due to illness, with 6.8 percent — far behind Norway (10.7 percent), Finland (10.0 percent) and Slovenia (9.2 percent). Many countries have much looser rules: in the United Kingdom or Sweden, a doctor's note is typically required only after eight days. France and Spain use unpaid waiting days instead.
Even with looser sick-note rules, UK employers still face strict legal duties to document workplace risks. Failing to keep proper health and safety records can lead to costly fines and enforcement action. A free Health & Safety Toolkit provides ready-to-use risk assessments, checklists, and templates that help you meet UK regulations. Download the free Health & Safety Toolkit
Labour lawyers point out that existing contracts may be protected under the "favorability principle" — individual agreements between employer and employee can still override the new default rule. Companies including Audi, Airbus and Kuka have reacted cautiously: some welcome clarity, others say they already have robust internal processes. Personnel experts advise firms to review their electronic sick-note workflows and ensure compliance with works council rights.
Medical associations are the loudest critics. Family doctors predict their practices will be swamped with patients seeking certificates for minor infections — a move that paradoxically increases infection risk in waiting rooms. A labour-law specialist adds that the requirement could prolong absence: physicians who see a patient in person tend to issue sick leave for longer periods than if the person recovered at home.
The government's package also includes a parallel reform passed by the Bundestag on July 10, 2026 as part of the GKV-Beitragssatzstabilisierungsgesetz (Statutory Health Insurance Contribution Rate Stabilisation Act). From January 1, 2027, employees with illnesses lasting longer than four weeks can be signed off as partially incapacitated — at 25, 50 or 75 percent of their normal working capacity. Both the doctor and the employer must agree, and the employer has seven days to object. Full wage continuation remains in place for the first six weeks; thereafter, proportional sick pay kicks in. Social associations and the National Association of Statutory Health Insurance Physicians dismiss the partial sick leave as bureaucratic and unworkable.
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