Sick leave (Arbeitsunfähigkeit) exists when an employee cannot perform their contractual work due to illness. They must report the illness without delay and have it medically confirmed from the 4th day (§ 5 EntgFG). Since 2023 the electronic certificate (eAU) applies: the doctor's practice reports the data to the health insurance fund, and the employer retrieves it electronically from there.
At a glance
- Arbeitsunfähigkeit = illness-related inability to carry out the contractual work; what matters is the specific job, not the illness as such
- Notification duty (Anzeigepflicht): the employee must inform the employer of the incapacity and its expected duration without delay
- Proof duty (Nachweispflicht): if the illness lasts more than 3 calendar days, a medical certificate is required no later than the next working day, in effect from the 4th day (§ 5 EntgFG)
- The employer may require the medical certificate earlier
- Since 1 January 2023: the doctor's practice transmits the data to the health insurance fund and the employer retrieves the eAU electronically; the paper "gelber Schein" (yellow certificate) for the employer no longer applies for those with statutory insurance
- The employee's duty to report and to obtain a medical assessment remains despite the eAU; they must still see a doctor in good time
Exceptions to the eAU
- Privately insured employees are not part of the procedure and still receive a paper certificate, which they submit themselves
- Minijobs in private households continue with the paper certificate handed to the private employer
- For medical certificates when a child is ill (Kinderkrankengeld), electronic transmission to the health insurance fund has been in place since 2024
FAQ
From which day do I need a medical certificate?
For an illness lasting more than 3 calendar days, no later than the next working day, so generally from the 4th day of incapacity. However, the employer may require the medical assessment from the 1st day.
Do I still have to report in sick despite the eAU?
Yes. The eAU only replaces the paper certificate to the employer. The duty to report the incapacity and its expected duration without delay, and the duty to see a doctor in good time, both remain.
What applies to privately insured staff and minijobs in private households?
The eAU procedure does not apply to them. They still receive a paper certificate and submit it themselves.
What are the consequences of an unexcused absence?
An employee who is absent without notice and without proof breaches their contractual duties. The employer may withhold continued pay until the proof is provided and, depending on the case, issue a warning (Abmahnung); repeated unexcused absence can justify dismissal.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
