Sick leave during probation raises two questions: who pays your salary in the first weeks, and can your employer end the employment because of the illness? The answers depend on when you fall ill and on statutory deadlines that many people do not know.
Short answer: You must inform your employer without delay about your incapacity to work. If it lasts longer than three calendar days, the medical certificate (Arbeitsunfähigkeitsbescheinigung) must reach your employer by the following working day (section 5 EFZG). Continued sick pay (Entgeltfortzahlung) only starts after four weeks of employment and then covers up to six weeks (section 3 EFZG). During probation, the notice period is two weeks (section 622 BGB). Last updated: October 2026.
Key points
- Notify your employer as early as possible and state the expected duration.
- If you are ill for more than three calendar days, you need a medical certificate by the following working day at the latest.
- Continued sick pay starts only after four weeks in the job and then covers up to six weeks.
- During probation, the notice period is two weeks. General protection against dismissal usually applies only after six months.
- Sickness benefit from your health insurer (Krankengeld) is 70 percent of your regular gross pay, capped at 90 percent of your net pay. Your insurer decides on each case.
When does continued sick pay start?
Under section 3 (1) EFZG, you are entitled to continued pay during illness for up to six weeks, as long as you are not at fault. However, this entitlement only arises after four weeks of uninterrupted employment (section 3 (3) EFZG). If you fall ill in your third week, you generally have no claim to salary from your employer for that period.
Assumption: You start on 1 March and fall ill on 15 March. There is no claim to continued pay until 28 March. After four weeks, that is from 29 March, the entitlement would arise, provided the illness continues.
| Period | Who pays | Legal basis |
|---|---|---|
| First four weeks of employment | Generally no claim to continued pay, the health insurer checks sickness benefit | Section 3 (3) EFZG, sections 44 to 46 SGB V |
| From the fifth week, up to six weeks of illness | Employer pays continued pay | Section 3 (1) EFZG |
| Afterwards, if incapacity continues | Health insurer pays sickness benefit if the conditions are met | Section 47 SGB V |
How do I report sick correctly?
- Inform your employer on the first day of illness as early as possible, usually by phone or message, and state the expected duration (section 5 (1) sentence 1 EFZG).
- See a doctor. If the incapacity lasts more than three calendar days, submit the certificate by the following working day at the latest (section 5 (1) sentence 2 EFZG).
- Your employer may ask for the certificate earlier (section 5 (1) sentence 3 EFZG). A certificate from the first day can therefore be requested.
- Note the start and expected end of the incapacity and keep all certificates.
You do not have to tell your employer your diagnosis. The employer learns that you are unable to work and for how long it is expected to last. The medical details stay with your doctor.
Can I be dismissed during probation because I am ill?
Probation may last at most six months, and during it the notice period is two weeks (section 622 (3) BGB). Whether a dismissal because of frequent illness is permissible is governed by the Dismissal Protection Act (Kündigungsschutzgesetz). Under section 1 KSchG, it applies to employees whose employment in the business has lasted longer than six months. During probation, general protection therefore usually does not yet apply.
This does not mean that every dismissal is permissible. A dismissal must be in writing (section 623 BGB). It also must not breach prohibitions of discrimination, for example on grounds of disability. If you receive a dismissal, have its form and deadline checked immediately and get legal advice before you respond.
What does the health insurer pay?
If continued pay does not apply or ends, sickness benefit from your health insurer may be possible. Under section 47 (1) SGB V, it amounts to 70 percent of the regular earnings subject to contributions. It may not exceed 90 percent of your net earnings. Whether and from when you are entitled is decided by your health insurer in each case.
Frequently asked questions
Do I have to see a doctor on the first day of illness?
No. Going to a doctor on the first day is not automatically required. The certificate only becomes necessary if the illness lasts more than three calendar days, unless your employer asks for it earlier. Still, report sick on the first day.
Can my employer ask for the certificate on the first day?
Yes, the employer may request it earlier (section 5 (1) sentence 3 EFZG). The request must still stay within the law. If in doubt, ask why the certificate is needed earlier.
Will I receive sickness benefit in the first weeks?
That depends on whether your health insurer sees an entitlement under the rules of the SGB V. Ask your insurer early which documents it needs and send the medical certificates on time.
Is a normal notice period applicable during probation?
No. During probation a shortened period of two weeks applies (section 622 (3) BGB). After probation, the regular periods of the contract and the law apply, which grow with longer service.
What applies if the same illness returns?
Then a new entitlement to up to six weeks of continued pay only arises under strict conditions. It arises again if at least six months have passed since the last incapacity for the same illness, or twelve months have passed since the first incapacity (section 3 (1) sentence 2 EFZG). Keep a precise record of all periods of illness.
Must I give my employer my diagnosis?
No. The employer learns that you are unable to work and for how long, while the diagnosis stays with your doctor. If you still want to explain more, that is your decision.
How to proceed now
- Create a folder with certificates and dates for the start and end of the illness.
- Check when the employment started, to see whether continued pay is already possible.
- Clarify with your health insurer whether sickness benefit is possible and which documents it needs.
- If you receive a dismissal, check its form and deadline immediately and get legal advice before you sign anything.
Related reading
- Career Start After University: Your Guide to the First Job
- First Job Health Insurance: Statutory or Private?
- Health Insurance After Graduation: From Exams to Your First Job
- Further Education After Graduation: Options and Funding
Sources: section 3 EFZG (continued pay during illness), section 5 EFZG (notification and certificate), section 47 SGB V (sickness benefit), section 622 BGB (notice periods), section 1 KSchG (scope of dismissal protection).
Last updated: October 2026. This guide is general information, not individual advice.
