Many students and new employees ask whether they have to see a doctor straight away when they fall ill. The answer depends on how long the incapacity for work lasts and what your employer requires. Today a clear statutory rule applies, but the coalition plans to change it. This guide separates the law in force from what is under discussion, so you can plan a sick day with confidence. A broader overview of telephone sick notes is in our guide on the telephone sick note (in German).
Short answer: No, not straight away. Under section 5 of the Continued Pay Act (Entgeltfortzahlungsgesetz), if your incapacity for work lasts more than three calendar days, you must submit a medical certificate no later than the following working day. A requirement from the first day is in the coalition programme but has not been adopted. Last updated: November 2026.
Key points
- Today a medical certificate is due only once the incapacity for work lasts more than three calendar days.
- Your employer may ask for the certificate earlier, including from the first day.
- A certificate requirement from day one is announced in the coalition programme. No law on it exists yet.
- Whatever the certificate rules, you must report your incapacity for work to your employer without undue delay.
- No binding timetable for the planned change exists, so check the rules that apply in your workplace.
What does the law say today?
The rules on continued pay are set out in the Continued Pay Act. Under section 5(1), you must inform your employer of your incapacity for work and its expected duration without undue delay. If the incapacity lasts longer than three calendar days, you must submit a medical certificate no later than the following working day. Your employer may ask for the certificate earlier. This three-part structure makes clear the difference between a notification and a proof.
| Situation | Duty | Deadline |
|---|---|---|
| Any incapacity for work | Notify the employer, with the expected duration | Without undue delay |
| Duration longer than three calendar days | Medical certificate | No later than the following working day |
| Employer asks for proof earlier | Certificate in the form requested | At the time set by the employer |
The last row is often underestimated. The law does not impose a general duty from day one, but it does allow your employer to ask for proof earlier. Whether your company does so is set out in your employment contract, a works agreement or internal rules.
What is planned for a certificate from day one?
According to reports, the Union parties and the SPD want to introduce a mandatory certificate from the first day of illness. Chancellor Merz has reportedly said that employers may depart from this by agreement in individual contracts, collective agreements or works agreements. It remains unclear how patients who do not visit a surgery on the first day can obtain a certificate. According to reporting, the government has not yet specified this point.
The certificate rules are set out in the Continued Pay Act and would need to be amended there. A bill with a fixed timetable does not yet exist. Until then, the existing three-day rule applies, supplemented by the employer’s right to ask for proof earlier.
How would a requirement from day one affect daily life?
A requirement from the first day would matter most for short illnesses. If you stay at home with a cold today and feel better after two days, you can manage without a surgery visit. Under a new rule that might be different. How much effort it would mean for students with a part-time job depends on how certificates are issued and which routes are available.
| Case | Today | With a requirement from day one (planned) |
|---|---|---|
| Cold lasting two days | No certificate needed, notification is enough | Certificate would be required from the first day |
| Illness lasting five days | Certificate due by the next working day after the three-day threshold | Certificate required from the first day |
| Employer asks for proof earlier | Permitted | Permitted, in addition to the rule |
Students should also separate two questions. The first is whether you need a medical assessment to be signed off. The second is how quickly your employer needs proof. The answers can differ, and the second one is governed by your contract and internal rules.
Why this matters for students in particular
If you work alongside your studies or do an internship, you often experience sick days under short deadlines. Students also need to know how health insurance handles incapacity for work when a claim to sickness benefit exists. For most people, continued pay from the employer is the more important factor in daily life because it directly affects your income.
An internship or a working student contract is not automatically subject to different rules. What matters is whether an employment relationship exists and how the contract regulates notification. A look at the contract is therefore worth doing before the first sick day arrives.
Worked example: when is the proof due?
Assumption: you are ill from Monday to Thursday inclusive, which means four calendar days. The incapacity for work then lasts longer than three calendar days, and the certificate is due no later than the following working day. Had the illness lasted only two days, you would not have had to submit a certificate, unless your employer asked for one earlier.
Assumption: your employer asks for a certificate on the first day of illness. In that case the request applies, because the employer may ask for the certificate earlier. This is an individual rule in the workplace and not a general duty from day one, which is only planned.
Frequently asked questions
Do I need to see a doctor for a common cold?
Under the current rule, no, as long as the cold does not last longer than three calendar days. You must still tell your employer straight away and give the expected duration. If the incapacity lasts longer, the certificate is due.
Can my employer ask for a certificate on the first day?
Yes. Under section 5 of the Continued Pay Act, your employer may ask for the certificate earlier. A general requirement from day one is not in force, though. Check your contract or works agreement to see whether your employer uses this option.
Does the day-one requirement already apply?
No. It is announced in the coalition programme, and no law on it has been adopted. Once something changes, the new rule will be published and you can check it in the official text.
Can I get a sick note without seeing a doctor?
That is a separate topic covered in our article Online sick note by questionnaire: what is planned (in German). It deals with questionnaires that do not involve medical contact, which reports say should be restricted.
Where can I find the current position?
The most reliable sources are the Federal Law Gazette, the Federal Ministry of Health and your health insurance fund. Media reports are helpful, but they do not replace the statutory text.
Next steps
- Report your incapacity for work to your employer on the first day and give the expected duration.
- Check your contract or works agreement to see whether your employer asks for a certificate from the first day.
- If the incapacity lasts more than three calendar days, have a certificate issued and hand it in by the next working day at the latest.
- Follow the legislative process so that you hear about a change in good time.
Related reading
- Health system reform: overview of emergency care, sick notes and the ePA (in German)
- Telephone sick note: planned abolition and what applies until then (in German)
- Sick leave notification: deadlines for employer and health insurer (in German)
- Online sick note by questionnaire: what is planned (in German)
- Sickness benefit for students: does it exist? (in German)
Sources: Section 5 Entgeltfortzahlungsgesetz (continued pay act), gesetze-im-internet.de, ZDFheute: overview of the reform of sick notes (no date given).
Last updated: November 2026. This guide is general information, not individual advice.
