New German sick leave rules require doctor visit from first day off

Germany’s CDU/CSU-SPD coalition is set to pass a major reform which includes changes to the country’s laws around taking sick leave. Here’s what employees need to know:

New sick leave law in Germany

At a press conference on July 3, Germany’s CDU/CSU-SPD coalition government announced what Finance Minister Lars Klingbeil (SPD) called its “biggest reform package yet”. The reform includes changes to the pension system, taxes, work contracts, sick leave and more. Parliament is expected to vote on and pass the reform before it breaks for summer recess on July 10.

So if the reform passes, how are the laws on sick leave expected to change? Currently, employees are required to provide their employer with a doctor’s note if they are sick for more than three calendar days. Going forward, employees would be required to submit a note from the first day of their absence. 

Currently, employees can also obtain a doctor's note by phone, provided they are registered as a patient at the doctor’s practice issuing the note. This policy was introduced in the early days of the coronavirus pandemic, initially extended and then permanently adopted in late 2023 to ease pressure on stretched doctors’ practices.

Citing high absenteeism, Chancellor Friedrich Merz and Health Minister Nina Warken (both CDU) have long been pushing for the government to scrap a law. Now, if the reform passes, patients would have to visit the doctor in person to obtain a sick note.

The Local has also reported “indications” that doctors issuing false sick notes could face higher penalties in the future. According to Section 278 of the Criminal Code, doctors currently face fines or up to two years' imprisonment.

Doctors call plans “absolutely catastrophic”

Given that medical practices are already stretched for staff in Germany, doctors’ responses to the incoming reforms have been unsurprising. 

Speaking to RND, Markus Blumenthal-Beier, head of the Association of General Practitioners, called the plans “absolutely catastrophic”. 

“This means our practices are facing a huge wave of bureaucratic red tape that will be almost impossible to cope with,” Blumenthal-Beier emphasised. 

“With these decisions, which are completely devoid of any factual basis, the coalition is not only undermining its own credibility but is also willingly accepting that our practices will be completely overwhelmed,” he added.

There are also concerns that the new law will result in more regular “presenteeism”, when employees turn up to work despite being sick.

A 2024 study from Switzerland found that presenteeism simply results in employees working less productively, and sick employees are prone to producing work with errors and infecting other staff, meaning a wave of sickness lasts longer than necessary.

Experts added that working from home does not improve matters, noting that home workers are the most likely to clock in, even if they are very ill.

Two of Germany’s largest trade unions, IG Metall and ver.di have also been quick to criticise the potential changes. Ver.di head Frank Werneke said the new policy was “an expression of a fundamental culture of mistrust” and that employees in Germany are not slackers, “even if employers and the government want to insinuate that is the case”.