When you fall ill and cannot work, the first question is whether your pay continues. The answer is in the German Continued Pay Act (EFZG, Entgeltfortzahlungsgesetz). This guide explains how long the employer must pay, when the entitlement begins and what applies in case of renewed illness.
Short answer: The employer pays up to six weeks of continued pay if you are unable to work due to illness and are not at fault for it (section 3(1) EFZG). The entitlement arises after four weeks of uninterrupted employment (section 3(3) EFZG). Last updated: November 2026.
The most important points at a glance
- The employer pays up to six weeks of continued pay for illness-related incapacity to work.
- The entitlement only arises after four weeks of uninterrupted employment.
- If you are unable to work again because of the same illness, separate conditions apply for a further six weeks.
- The decisive point is that you are not at fault for the incapacity to work.
- Continued pay from the employer is not the same as sickness benefit (Krankengeld) from the health insurer.
What does section 3 EFZG regulate?
The Continued Pay Act governs pay during illness. Under section 3(1) sentence 1, an employee who is unable to work due to illness is entitled to continued pay for up to six weeks, provided they are not at fault for the incapacity. The wording of the law is decisive when you check a specific question.
| Situation | Entitlement under the EFZG | Reference |
|---|---|---|
| First illness, employment for at least four weeks | Up to six weeks | Section 3(1) sentence 1 and 3(3) EFZG |
| Renewed incapacity from the same illness | At most a further six weeks, if at least six months without incapacity from this illness have passed, or since the start of the first twelve months | Section 3(1) sentence 2 EFZG |
| Employment has not yet lasted four weeks | No entitlement under subsection 3 during this time | Section 3(3) EFZG |
When does the entitlement begin?
The entitlement arises after four weeks of uninterrupted employment. If you fall ill shortly after starting a new job, the law initially gives you no entitlement to continued pay. The period is counted from the start of the employment, not from the first day of illness.
The rule applies whether the contract is fixed-term or in a probation period, as long as the employment continues without interruption. Whether there is an interruption must be checked case by case, for example after short gaps between two contracts.
When does the rule apply to renewed illness?
Renewed illness is where many employees lose track. Under section 3(1) sentence 2, a renewed incapacity from the same illness gives an entitlement for at most a further six weeks. The condition is that at least six months without incapacity from this illness have passed, or that the first twelve months since its start have elapsed.
Assumption: you were unable to work for six weeks in February because of an illness. In October of the same year, you are unable to work again because of the same illness. Eight months without incapacity from this illness lie in between. Under the law, a new entitlement of up to six weeks then begins. If the second illness had started in April, the gap would not have been long enough.
The distinction between the same illness and a different one matters. For a different illness, the entitlement generally starts again, as long as the incapacity is not due to your fault. Whether two conditions are the same illness is a medical question that is decided case by case.
What happens after six weeks?
After the period of continued pay ends, the payment by the employer stops. Whether sickness benefit (Krankengeld) from the statutory health insurer then applies depends on the rules of statutory health insurance. Sickness benefit is not a continuation of continued pay, but a benefit of the health insurer with its own conditions.
If you remain unable to work after continued pay ends, ask your health insurer early. The details of sickness benefit are not covered in this guide and should be checked with the insurer or in the Social Code Book V (SGB V).
How does sick notification work?
The formal steps of a sick notification matter because they do not create the entitlement itself, but they help avoid problems. The employer must be informed in good time, and a medical certificate is usually required. The exact deadlines are described in a separate guide (in German).
- Inform your employer on the first day of illness, in the way the workplace requires.
- Consult a doctor and have your incapacity to work certified.
- Observe the deadline by which the certificate must be submitted.
- Check your pay slip to see whether continued pay is calculated correctly.
What to do if the pay does not arrive?
If continued pay is not paid, a written note to the employer that names the conditions is a sensible first step. Many questions are resolved at this stage. If payment still does not arrive, you can seek advice from a trade union or an employment law advice service.
Specialist lawyers for employment law also examine such cases. Before taking legal action, sort your documents: sick certificates, pay slips and correspondence with the employer.
Frequently asked questions
Do I get pay during illness in the probation period?
The probation period does not change the four-week waiting period, because section 3(3) EFZG relies on the length of the employment. What matters is whether you have already been employed for four weeks. Other probation rules are set out in your contract.
Does the rule also apply to mini-jobs?
The EFZG applies to employees. Whether a mini-job falls under it in an individual case depends on the employment relationship. If in doubt, union advice services or your health insurer can help.
Do I have to prove that the employer is at fault?
No. What matters is whether you are at fault for the incapacity to work. The question is examined case by case, and you should document the circumstances carefully.
What if I am still ill after six weeks?
Then continued pay ends and the health insurer becomes important. Ask early how sickness benefit is calculated and which documents you need.
Related guides
- Health system reform: ePA, e-prescription, doctor visits and sick notes (hub, in German)
- Sick notification: deadlines to the employer and the health insurer
- Medical certificate from the first day of illness
- Introducing a waiting day: what employees lose on the first day of illness (in German)
- Starting your career after university (in German)
Sources: Continued Pay Act section 3 (gesetze-im-internet.de, in German)
Last updated: November 2026. This guide is general information, not individual advice.
