Sick leave: Certificate of incapacity for work (AU certificate) from the first day

The federal government is abolishing sick leave by telephone and introducing the requirement to submit a certificate of incapacity for work from the first day.

The coalition has presented its reform package. Among other things, it states that the reforms criticized by many employers will be addressed. telephone sick note It will be abolished. It was initially introduced as a special regulation during the Corona pandemic and was subsequently extended repeatedly.

Another important change concerns the Submitting a certificate of incapacity for work to the employer"We are introducing mandatory submission of a sick note from the first day of illness," Chancellor Friedrich Merz told the press. "This is a tough decision, we know, but we can no longer afford this competitive disadvantage caused by long absences from work," Merz continued. Currently, in most cases, employees only have to submit a sick note on the third day of illness. 

In the ZDF special broadcast Maybrit Illner (July 2, 2026) Merz emphasized: "You don't have to go to the doctor's office on the first day; you need to have a certificate of incapacity for work from the first day." Companies and collective agreements could deviate from the legal regulation that is now to be created. 

Currently, employees must submit a doctor's certificate starting on the fourth day of illness. However, employers can also request a certificate earlier – even from the first day.

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Furthermore, the false issuance of a certificate of incapacity for work under Section 278 of the Criminal Code will be subject to harsher penalties. Additionally, a "guaranteed appointment with specialists" will be introduced as part of the reform of the Primary Care Physicians Act.  

"An imposition bordering on outrageousness"

The National Association of Statutory Health Insurance Physicians (KBV) The KBV board describes the reform as "an imposition bordering on outrageous." They argue that it will lead to "overcrowded practices, a mountain of additional bureaucracy, and an enormous expenditure of time that will be at the expense of actual patient care." Board members Andreas Gassen, Stephan Hofmeister, and Sibylle Steiner add:

"It is also bordering on madness to send tens of thousands of additional people into doctors' offices just to fill out forms." Anyone who has a cough or a gastrointestinal infection should stay in bed. – and not in overcrowded practice. Government action is characterized by ever more state regulations instead of personal freedom."

The federal government is ignoring reality. This is also demonstrated by its reference to a guaranteed appointment with a specialist when primary care is introduced. "Appointment guarantees must be medically justified and not based on the wishful thinking of politicians."

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