What You Can and Can't Do on Sick Leave Under German Law

What You Can and Can't Do on Sick Leave Under German Law

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What You Can and Can't Do on Sick Leave Under German Law

German labour laws allow certain activities during sick leave, provided they aid recovery and follow medical advice. A doctor's note confirms an employee's inability to work but does not restrict them to bed rest. However, ignoring medical guidance or engaging in unsuitable activities can lead to workplace penalties.

Over the past decade, legal changes have reshaped sickness regulations, including extended wage continuation and new digital reporting requirements.

A sick note certifies that an employee cannot perform their job for a set period. It does not ban all outside activities—light exercise, short walks, or grocery shopping are usually fine if approved by a doctor. Socialising with friends may also help recovery, particularly for minor illnesses or mental health issues.

Employees can even work during sick leave if they feel able, without needing extra medical permission. However, activities that contradict a diagnosis—such as strenuous travel or heavy physical exertion—risk delaying recovery. Employers can issue warnings or dismiss staff who disregard medical advice.

Between 2016 and 2026, key legal updates included the 2018 Entgeltfortzahlungsgesetz (EfZG), which extended wage continuation from six to ten working days without a doctor's note (three days for new hires). The 2021 Gesetz zur Stärkung der gesetzlichen Krankenversicherung introduced mandatory electronic sick notes (eAU) from 2023. The 2023 SV-Unternehmensreformgesetz (SURG) added long-term care leave (up to ten days per year) and family care leave (up to fifteen days, extendable), alongside stricter employer duties for prevention and reintegration under § 167 SGB IX.

Employers still retain the right to send staff home if they appear unfit for work, even with a sick note.

German law balances flexibility with accountability during sick leave. Employees must ensure their activities align with medical advice to avoid workplace consequences. Recent reforms have also expanded protections for carers and streamlined sickness reporting through digital systems.

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