Sick leave: The three-day rule includes public holidays and weekends 

Created: 12/14/2022, 5:00 p.m

By: Carina Blumenroth

Your head hurts, your nose is running, your temperature is rising - you are sick.

You've already checked in at work.

When do you need a certificate?

If you are ill and cannot go to work, you should inform your boss immediately.

Ideally, this should be done by the regular start of work, often a phone call or a message is sufficient - however, you should find out in advance about the communication channel in the event of illness, as this can vary from company to company.

If you are ill for a longer period of time, you need a certificate of incapacity for work from a doctor.

You have to keep a few things in mind.

Sick leave from the doctor – three-day rule

The calendar days apply to the certificate of incapacity for work.

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Anyone who is absent for more than three days due to illness must present their employer with a certificate of incapacity for work from a doctor.

This only informs the employer that you cannot come to work for medical reasons - a reason is not stated on it.

Depending on the employer, a certificate of incapacity for work may also be required on the first day of illness.

This can usually be found in the employment or collective agreement.

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Calendar days in the case of a certificate of incapacity for work are decisive

If your employer does not request medical evidence on the first day, you should definitely observe the deadlines that you have to meet in the event of illness.

For example, if you report sick to your employer on a Friday, you must present the certificate of incapacity for work on Monday if you are still ill.

The three-day period refers to calendar days, which means it does not exclude weekends or public holidays.

For example, if you fall ill on a Wednesday and are also ill on Thursday and Friday, you would have to submit a medical certificate on Saturday.

In this case it is often sufficient if you can present the certificate on the following Monday.

In this case, too, it is better to clarify this with your employer in order to prevent problems.

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Change from 2023: Employers are obliged to collect

From January 2023 there will be a small change in terms of the certificate of incapacity for work, it will be more digital.

Employers are then obliged to call up the data on incapacity for work from the health insurance companies.

This means that the classic "yellow ticket" that many employees are familiar with is no longer applicable.

If you are ill, let your boss know in the normal way and go to the doctor, the employer will then get the proof

.

By the way: Employers may only call up the electronic data on an ad hoc basis, which means that regular and general checks are ruled out.