Sick leave
A sick note or certificate of incapacity for work is issued by a doctor following an examination. The doctor’s office transmits the sick note electronically to the health insurance company. The employer then retrieves it from there. The person on sick leave receives a printout for their own records.
Sick note: what it says
The copy that the health insurance company receives contains the date, the duration of the sick note and the doctor’s signature, as well as the type of illness. This information is private and not necessary for the employer to know.
Important: A sick note is not a sick report. These two terms must be clearly separated.
When should I see a doctor?
It is possible for the employer to request a sick note directly from day 1 of the illness. According to the law, a certified incapacity to work must be submitted after more than 3 days. However, the employer is entitled to decide this himself.
If the illness lasts longer than certified by the doctor, an extension of the sick note is necessary. This follow-up certificate must also be submitted to the employer.
How long can sick leave last?
There is no general maximum limit for the duration. The family doctor will determine how long the employee must stay at home after a thorough examination. If the symptoms persist for longer, the employee can see the same doctor again.
The following also applies: If you feel fit and healthy again before the certificate of incapacity for work expires, you can go back to work. However, in the case of infectious diseases such as influenza, you should wait until all symptoms have subsided. This is not only for your own protection, but also for the protection of others.
The employer still has the final say on this. They can fulfill their duty of care and send employees who are obviously unfit for work home again.
Retroactive sick leave
As a rule, doctors do not date sick notes back into the past. However, if an employee is absolutely unable to go directly to the doctor due to illness, exceptions may be made. Backdating is possible for a maximum of 3 days and must be verified by the doctor.
