Sick leave from January 2023: That changes for consumers - important exception to the new rule
Created: 12/30/2022 10:43 am
By: Stella Henrich
From January 2023, employees will no longer have to present a certificate of incapacity to their employer - this will then be done electronically.
But there is an exception.
Munich – Until now, employees who were given sick leave by a doctor had to send their employer the so-called yellow sick note.
This changes at the beginning of the new year.
The employee's obligation to deliver is transformed into an employer's obligation to collect.
In concrete terms, this means that after an employee has reported sick, he or she must take care of the yellow slip from the employee's responsible health insurance company.
From now on, the certificate of incapacity for work (AU) can be retrieved electronically.
This means that the employer must request the electronic AU from the health insurance fund.
Because the health insurance companies do not automatically send the certificate to the employer.
From January 2023, people with statutory health insurance will no longer have to send their employer an AU.
The doctor's office takes care of that.
(Iconic image) © Sascha Steinach/imago
Sick leave from January 2023: Employees who are on sick leave must continue to report to their boss
The employee will continue to receive a paper sick note from their doctor, which they should keep with their work documents.
However, the new digitized procedure does not save the employee from officially reporting sick to his employer in the event of sick leave.
If you want to be on the safe side that the sick note actually gets through to the company, it is best to call the company personally and report sick.
The company management usually decides for itself whether a short text message or a WhatsApp message will suffice.
Employees who do not want to risk dismissal in the event of illness should therefore be aware of a few pitfalls when reporting sick.
Important to know: There is also an important exception to the new regulation.
The new yellow health insurance certificate only applies to employees with statutory health insurance.
Privately insured people will continue to receive a hard copy of the AU certificate from the doctor, which they must submit to their employer.
Sick leave: Schedule for innovation had to be postponed from this July to January 2023
The change from January 2023 should already be implemented in the middle of the year (July 1).
But the schedule for the digital transition could not be met.
This does not mean, however, that all medical practices are or will be participating in the new procedure in the new year.
There will continue to be practices that do not participate in the procedure and will therefore not issue an electronic work permit or send it to the employer in the future.
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In this case, the patient who is on sick leave will continue to be issued with hard copy certificates.
That means he still has to make sure that the note ends up on his boss's table in good time.
Irrespective of this new regulation, the following applies to mums and dads: If their child is ill and they cannot go to work, parents must inform the employer immediately.
You still need a doctor's note confirming this.
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