As of: March 25, 2024, 4:34 p.m
By: Carina Blumenroth
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Anyone who is sick cannot work.
Employees then need a certificate for the employer during the course of the illness.
This also works retroactively.
Your nose is running, your throat is scratchy and your cough has gotten on your last nerve during the night - in short, work is out of the question.
You call in sick at work - according to legal requirements, you need a certificate of incapacity for work from a doctor from the fourth day of illness.
But be careful: your employer can request sick leave earlier - for example on the first day.
But what if you are so ill that you cannot go to the doctor?
Obtain a sick note retrospectively – possible retroactively for up to three days
Are you too sick and can't make it to the doctor?
Under certain circumstances, the sick note can also be backdated.
(Symbolic photo) © Zoonar/Imago
You shouldn't gamble that your doctor will turn a blind eye and generally write you off sick afterwards.
Certain requirements apply that are set out in the Incapacity for Work Directive (AU-RL).
This states the following: “Incapacity for work should generally not be certified for a period prior to the first medical visit.” (Section 5 Paragraph 3)
However, there is an exception that is also regulated in the AU-RL.
This states that a “retroactive certificate of continued incapacity to work is only possible in exceptional cases and only after careful examination”.
The period of time for this is also limited, so backdating the sick note is permitted for up to three days.
The
Labor Rights
portal informs that this regulation has been in effect since 2016; previously there was a maximum of two days that doctors were allowed to backdate.
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What you need to consider when making a retroactive sick note
In order for you to be on sick leave retroactively, your doctor must be able to understand that you have been ill for a long time and have therefore been unable to do your work.
You must also be able to credibly justify why you did not manage to go to the doctor earlier, informs the
Studyflix
portal .
Reasons could be, for example, that the practice was closed or you were too sick.
In such a case, you could call the practice in advance and let them know, this will minimize the chance that your illness will be questioned.
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Doctor retroactively rejects the sick note – what happens next?
Doctors are not obliged to issue you a retroactive sick note; this can have several consequences for you.
For example, your employer can withhold wages for days that are not covered by a certificate, reports the
Employment Contract
portal .
However, further steps under labor law, such as a warning or even immediate termination, are also possible if you have already been absent several times without taking sick leave.