Germany's sick leave rules balance flexibility with strict medical oversight
German sick leave rules have remained largely unchanged over the past five years. Employees can engage in certain activities—even work—if they do not hinder recovery. However, strict conditions apply to ensure the original medical purpose of sick leave is respected.
A doctor's sick note confirms that a worker cannot perform their job for a set time. Yet, the law allows flexibility: employees may leave home, socialise, or take light walks if these activities support recovery. For example, meeting friends could help with minor illnesses or mental health struggles, while grocery shopping or short strolls are generally permitted.
More active pursuits, like light exercise, require a doctor's approval. Even working during sick leave is allowed if the employee feels well enough—but employers can send them home if they suspect recovery is still needed. Vacations are also possible, provided they align with medical advice and aid healing.
Abuse of these rules carries risks. If an employee's actions contradict their diagnosis, employers can request a health check through health insurance. Workers must not hide their true fitness, as doing so could lead to disciplinary action. Meanwhile, employers must still fulfil their duty of care, ensuring employees do not worsen their condition.
Since 2023, electronic sick notes (eAU) and telephone consultations have streamlined the process. But the core principle remains: recovery must come first, and any activity should align with medical guidance.
The system balances flexibility with accountability. Workers can adapt their sick leave to their needs, provided they follow medical advice. Employers retain the right to verify fitness, ensuring the rules protect both health and workplace fairness.
