If you fall ill during your legal or teacher training (Referendariat), you face questions about absence, exams and pay. This guide explains which rules apply, why the Continued Pay Act (Entgeltfortzahlungsgesetz) fits only partly and what to do now.
Short answer: During training, the employee sick pay rules of employment law do not apply directly, because trainees usually hold civil servant or public-law training status. Whether and how long pay continues during illness is set by state law. Example: in North Rhine-Westphalia, the basic training allowance for legal trainees (Rechtsreferendare) is 1,585.17 euros a month (status 1 April 2026).
Key points
- The Continued Pay Act (EFZG) § 3 applies to employees. It does not apply directly to trainees, and state law decides.
- Beihilfe (the state health benefit for civil servants) covers part of your medical costs. For trainees without children, the standard rate is 50 percent (status October 2026).
- In North Rhine-Westphalia, the basic training allowance for legal trainees is 1,585.17 euros (status 1 April 2026).
- Voluntarily insured people in statutory insurance without a sickness benefit entitlement pay the reduced contribution rate of 14.0 percent (§ 243 SGB V, status 1 January 2026).
- If you fall ill before or during an exam, report it at once and submit the medical proof on time.
Does the Continued Pay Act apply to trainees?
The Continued Pay Act provides that an employee who is unfit for work due to illness is entitled to continued pay for up to six weeks (§ 3 para. 1 EFZG). The entitlement arises after four weeks of uninterrupted employment. This standard fits only employees. Trainees hold a civil servant or public-law training relationship, so state law is decisive.
In practice, ask the training office which rules apply to your pay during illness before you plan longer absences. A written answer is useful as evidence later.
How do absences affect your training?
Absences are not counted against you as a fixed rule. They can, however, affect the length of training, attendance at courses and admission to the exam. The training and examination regulations of each state define which absences are permitted. We therefore do not give a fixed number of days.
This checklist helps you keep track when you are ill:
- Report to the training office or school on the first day of illness, as the rules require.
- Get medical certificates and keep copies for your records.
- Enter absences in your training logs if your programme requires it.
- Check whether missed lessons must be made up and what that means for your training plan.
If absences last several weeks, arrange a conversation with the training management. There you can clarify whether training modules can be moved, missed lessons made up or appointments adjusted. Record the outcome in writing so that you can prove it later.
What happens if you are ill before or during the exam?
An illness shortly before an exam is the hardest case for many candidates. The rule is simple: report it at once, not only after the exam. The examination office decides on the basis of a medical certificate whether you withdraw, interrupt the exam or continue. The deadline and form of the certificate are set in your examination regulations, and they are often short.
A certificate alone is not always enough. Whether a medical report by a public health doctor is required depends on the state and the timing of the illness. If in doubt, ask the examination office for a binding answer in writing.
For a chronic condition, it is worth asking early about compensation for disadvantage (Nachteilsausgleich). The examination regulations govern whether and how it is granted, and the examination office decides. Ask in advance what documents are needed.
How high are the pay and allowances during illness?
Whether and how long pay continues during illness is set by state law. No single amount applies across Germany. As an example, we name the training allowance for legal trainees in North Rhine-Westphalia, which is set out in the state regulation.
| State and group | Amount per month | Status | Basis |
|---|---|---|---|
| North Rhine-Westphalia, legal trainees (training allowance) | 1,585.17 euros (basic amount) | 1 April 2026 | NRW regulation, valid until 28 February 2027 |
| Other states and teacher training | no figure in this guide | not applicable | State law and the responsible office |
The figure applies only to North Rhine-Westphalia and only to legal trainees. It cannot be transferred to teacher trainees in other states. The guide Trainee pay by federal state (in German) gives an overview, but binding values must be requested from the responsible office.
What role does health insurance play when you are ill?
If you are privately insured with Beihilfe during training, you pay medical bills first and submit them to the Beihilfe office. Beihilfe reimburses a share, as a rule 50 percent for trainees without children. Your tariff covers the rest. When you are ill, collect invoices and submit applications on time. A step-by-step guide is in Submitting Beihilfe invoices during training.
If you are voluntarily insured in statutory health insurance, you usually have no entitlement to sickness benefit (Krankengeld). Members without this entitlement pay the reduced contribution rate of 14.0 percent (§ 243 SGB V, status 1 January 2026). When you choose cover, look at contributions and the sickness benefit question together. The basics are in Health insurance during training: statutory, private and Beihilfe (in German).
Frequently asked questions
Do I get sickness benefit (Krankengeld) during training?
With Beihilfe and civil servant status, there is usually no sickness benefit from a statutory fund. Voluntary statutory members usually have no sickness benefit entitlement either. Which benefits apply to you depends on your status, and the training office can clarify this.
Do I need a medical certificate for every illness?
This varies by state and training regulation. A certificate is often required from a certain length of absence. Ask the training office so that you do not miss a deadline.
Can a long illness extend my training?
Under state law this is possible. The responsible office decides on any extension or interruption in each case. Get information early, before you plan longer absences.
What applies if I become pregnant during training?
Separate rules apply, including maternity protection and exam dates. The details are in Pregnancy during training: maternity protection, Beihilfe and exam dates.
What to do next
- Report on the first day of illness to the training office and follow the deadlines there.
- Collect certificates and invoices and submit Beihilfe applications promptly.
- Clarify in writing which pay and deadlines apply in your state before you plan longer absences.
- If an exam is due, inform the examination office early and keep to the deadline for proof.
Related guides
- Health insurance between state exams and training: who is covered? (in German)
- Beihilfe during training: entitlement, rate and application (in German)
- Submitting Beihilfe invoices during training
- Trainee pay by federal state (in German)
- Private health insurance during training: a comparison 2026
Sources: Continued Pay Act (Entgeltfortzahlungsgesetz), § 3 (retrieved October 2026); Social Code Book V (SGB V), § 243 (retrieved October 2026); North Rhine-Westphalia regulation on monthly training allowance (status 1 April 2026).
Last updated: October 2026. This guide is general information, not individual advice.
