The discussion surrounding sick leave in Germany has sparked a new debate on employment law: the Federal Government is planning to make it compulsory to submit a certificate of incapacity for work (AU) from the very first day of illness.
One of the aims of the planned new regulations is to improve the recording of absences and to curb the misuse of sick leave. However, the specific details have yet to be finalised. Companies are therefore already asking themselves what changes such a reform might bring.
What are the German Government’s plans?
As part of the coalition agreement of July 2026, it was announced that it would be compulsory to submit a certificate of incapacity for work from the first day of illness. At the same time, the option to provide a sick note by telephone, which has been available until now, is to be abolished.
It is important to make a distinction here: a requirement to submit a medical certificate from the first day does not automatically mean that employees must visit a doctor’s surgery in person on the first day of sickness. According to political statements to date, there will still be practical ways of having a doctor certify a person’s incapacity for work.
It remains to be seen how this will be implemented in law.
What are the current rules?
Under current legislation, employees must notify their employer immediately of their incapacity for work and its expected duration.
As a general rule, a medical certificate is only required if the period of incapacity for work lasts for more than three calendar days. It must then be submitted by the following working day at the latest, or recorded via the electronic sick leave system.
Employers can already require an earlier return to work
This is particularly relevant for employers: under current legislation, a medical certificate may already be required earlier – even from the very first day of sickness.
Such an obligation may, for example, be established in the employment contract, in company regulations or by a corresponding instruction from the employer. According to the case law of the Federal Labour Court, the employer is not, in principle, required to justify the requirement on the basis of specific grounds for suspicion or a concrete justification.
The planned reform would therefore be less of a completely new instrument and more of an amendment to the standard legal provision.
What would change for employers?
A general requirement to take sick leave from the first day could initially lead to a greater degree of formalisation regarding periods of sick leave. This might provide companies with a better basis for documentation, particularly in the case of frequent short-term absences.
At the same time, the administrative burden could increase. HR departments would have to ensure that sick notes and electronic certificates of incapacity for work are processed reliably.
Review employment contracts and company policies
For businesses, the question of whether existing rules on reporting sick are still appropriate and necessary is likely to be particularly relevant. If an employment contract already includes an obligation to provide a doctor’s certificate from the first day, new legislation would, in principle, make little difference to this.
Existing works agreements and internal processes should also be reviewed. Furthermore, should there be any changes to company regulations, the works council’s rights of co-determination may need to be taken into account.
No automatic process in business practice
Furthermore, new legislation would not mean that employers would have to completely overhaul their existing processes. The key factor will be how the legislator specifically defines the duty of proof and what exceptions or alternative forms of proof are provided for.
For this very reason, companies should first monitor developments in the legislation and not rush into amending existing employment contracts.
Practical tip: Review your sick leave procedures now
Regardless of the political debate, it is already worth taking a look at our own processes:
- Are there clear rules on when employees must report that they are unfit for work?
- Is the system for retrieving electronic sick notes reliable?
- Are existing employment contracts and works agreements unambiguous?
- Is it already compulsory to provide a doctor’s certificate from the first day of sickness?
- Are responsibilities within the HR department clearly defined?
A well-organised structure can make it much easier to implement changes later on.
Conclusion
The planned requirement to provide a doctor’s certificate from the first day of sickness could bring about changes for businesses, particularly in terms of the documentation and organisation of absences. At the same time, the measure is less far-reaching in legal terms than it appears at first glance: employers are already entitled to require a doctor’s certificate from the first day.
The specific legal framework will therefore be crucial. Companies should monitor developments and review their existing sick leave and HR processes now to ensure they are clear and workable in practice.
If you have any questions on this or other topics, please contact us - we will be happy to advise you.
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