When Does the Right to Continued Pay Begin?
The entitlement to continued pay during illness (Entgeltfortzahlung im Krankheitsfall) is established by the German Continued Remuneration Act (EntgFG) and applies to all employees regardless of whether they work full-time or part-time. The most important prerequisite is that the employment relationship must have existed for at least four uninterrupted weeks. If you fall ill during the first four weeks of a new job, you have no continued pay entitlement and must apply for sick pay directly from your health insurer.
The four-week waiting period begins on the day you actually start working, not the date of the employment contract. If the contract was signed on January 1 but work did not begin until January 15, the waiting period starts on January 15. If you fall ill on February 12, you have fulfilled the four weeks and are entitled to the full six weeks of continued pay.
Probation Period and Fixed-term Contracts
Contrary to a widespread misconception, the entitlement to continued pay exists during the probation period — but only after the four-week waiting period has elapsed. The probation period is not a reason to exclude continued pay. However, during probation, the employer can terminate the employment with a shortened notice period of two weeks, which would indirectly end the continued pay obligation.
For fixed-term contracts, the same rules apply as for permanent contracts. However, if the fixed-term contract expires during the illness, the continued pay also ends with the contract. The employee must then apply for sick pay from the health insurer, provided they remain insured.
The 12-Month Rule for Recurring Illnesses
One of the most important and frequently misunderstood rules concerns the aggregation of continued pay periods for the same illness. If an employee becomes incapacitated due to the same condition and less than twelve months have passed since the last incapacity for the same condition, the continued pay periods are added together.
For example: An employee is sick from March 1 to March 28 (4 weeks) due to a herniated disc. They return to work but suffer another herniated disc on September 15 — within twelve months. The four weeks already used are counted, leaving only two weeks of continued pay for this diagnosis.
However, if more than twelve months have passed since the last sick leave for the same diagnosis, a new full entitlement to six weeks of continued pay arises. Additionally, if the employee was not incapacitated due to the same illness for at least six consecutive months after the first sick leave, a new entitlement also arises, even if twelve months have not yet passed.
Different Illnesses Create Separate Entitlements
A common misunderstanding: if an employee develops a second, completely independent illness during an ongoing sick leave, the six weeks of continued pay start fresh for the new condition. The concept of a single prevention event (Einheit des Verhinderungsfalls) only applies to the same underlying condition.
In practice, distinguishing between conditions is not always straightforward. Mental health conditions such as burnout, depression, and anxiety disorder are sometimes treated as related by employers and insurers, which can lead to disputes. In case of doubt, the treating physician determines the diagnosis documented on the sick note.
Self-Inflicted Illness: Is It an Exclusion?
A frequently asked question: do you lose the right to continued pay if the illness is self-inflicted? Generally no. Even sports injuries, household accidents, or injuries from risky hobbies are covered. The employer can only refuse continued pay if the incapacity was caused by particularly gross negligence or intentional behavior.
In practice, this is very rare. Even alcoholism, which is recognized as a disease by consistent case law, generally entitles the employee to continued pay. Only if an employee deliberately and significantly violates medical instructions, thereby delaying recovery, can this be considered a breach of duty.
Reporting Obligations and Medical Certificates
Employees must notify their employer of their incapacity immediately — typically on the first day of illness before the start of work. Since January 1, 2023, the certificate of incapacity (AU) is transmitted electronically by the doctor directly to the health insurer (eAU). The employer retrieves the data from the insurer.
A medical certificate is typically required by the third day of illness under most employment contracts and collective agreements, though some employers require it from the first day. If the certificate is not submitted on time, the employer can temporarily withhold continued pay until the certificate is provided, but the entitlement itself is not lost.
What to Do If Continued Pay Is Denied
If the employer refuses or reduces continued pay, affected employees should first discuss the matter and reference the legal basis. If that does not help, a trade union or a lawyer specializing in employment law is the appropriate contact. Claims for continued pay are subject to a three-year statute of limitations and can be enforced before the labor court.
Important: During a legal dispute about continued pay, the employee can apply for sick pay from their health insurer. The insurer pays initially and may seek reimbursement from the employer if the continued pay entitlement is confirmed by the court. This ensures the employee does not have to wait for their money.