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Waiting Day: What Employees Would Lose on the First Sick Day

A waiting day would be a sick day without continued pay. What applies today under Section 3 EFZG, what a waiting day would mean and why it is not decided.
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Contents

A waiting day (Karenztag) is a day of sickness for which the employer pays no wages. German law does not have one at present. The demand for one is part of the debate, so it is worth knowing exactly what it would mean.

Short answer: A waiting day would be the first day of sickness without continued pay. Under Section 3 (1) of the Continued Pay Act (Entgeltfortzahlungsgesetz, EFZG), an employee who is unfit for work is entitled to continued pay for up to six weeks. A waiting day does not exist at present, and a statutory rule on it is not decided currently. Last updated: November 2026.

The Key Points at a Glance

  • Today, an employer pays up to six weeks of wages during incapacity for work that is not the employee’s fault.
  • A waiting day would exclude the first day of sickness from pay.
  • Demands from employer side are known, but currently there is no decision.
  • How a waiting day would be designed would be an open question for the legislator.
  • Whoever is ill today should know the deadlines for sick notes, regardless of the debate.

What Applies Today When You Are Sick?

The Continued Pay Act regulates how long the employer continues to pay wages when you cannot work due to illness. The entitlement rules are set out in Section 3 EFZG.

RuleContentSource
DurationUp to six weeks of entitlement to continued pay during incapacity for work, provided there is no faultSection 3 (1) EFZG
Renewed incapacityFor the same illness, up to a further six weeks if there was at least six months without incapacity for this illness or twelve months have passed since the firstSection 3 (1), sentence 2 EFZG
When the entitlement arisesAfter four weeks of uninterrupted employmentSection 3 (3) EFZG

The entitlement is therefore not unconditional from the first working day. It requires four weeks of uninterrupted employment, after which the six-week rule applies.

What Would a Waiting Day Be?

With a waiting day, the first day of sickness would remain without continued pay. How exactly the day would be measured, whether there would be exceptions and how it would interact with collective agreements is not fixed in any adopted text. The following calculation shows only the gross effect of a single day. What would matter in practice is also whether a waiting day were framed as a deduction from pay or as a waiver of the entitlement, since the two models would have different effects on payslips and proof.

Assumption: gross monthly pay of 3,000 euros, 21 working days per month, one waiting day at the start of an illness. The calculation ignores deductions and special payments.

Calculation step (assumption)Result
Gross monthly pay3,000 euros
Working days per month21
Pay per working day (gross)approx. 142.86 euros
Gross loss for one waiting dayapprox. 142.86 euros

The amount is a model calculation. Whether your employer could reduce your pay depends on the legal framework, and for the waiting day there is none at present.

Who Is Calling for a Waiting Day?

Demands for a waiting day are known from employer associations. The idea is also discussed in political circles. These voices are demands and not decisions. Anyone following the debate should distinguish between a proposal, a draft bill and an adopted law.

Deciding on a waiting day would be a matter for the legislator. Until then, the rules of the EFZG apply.

What a Waiting Day Could Mean for Young Professionals

For young professionals, the same rules apply at first as for all other employees. Under Section 3 (3) EFZG, the entitlement to continued pay arises only after four weeks of uninterrupted employment. A waiting day would, if introduced, affect the first day of sickness, and whether it would also apply in the first four weeks would be part of the statutory design.

Concrete statements about your situation depend on your contract, any collective agreement and company rules. A look at your employment contract shows what has already been agreed.

What Already Counts for a Sick Note Today?

Regardless of the debate, clear duties apply to sick notes. You should inform your employer in good time and submit the medical certificate. The exact deadlines differ by employer and contract, and they are described in our guide on sick-note deadlines (in German).

  • Report the incapacity to your employer as early as possible.
  • Clarify by when the medical certificate must be in place.
  • Keep copies of the certificates so that you can prove when you were ill if there is a dispute.

Frequently Asked Questions

Is there a waiting day already?

No. No statutory rule has been decided so far. Today, the entitlement to continued pay under Section 3 EFZG applies.

Would a waiting day apply to all employees equally?

That cannot be answered, because there is no adopted draft. Which groups would be included would be part of the legislative process. Exceptions or caps would also be conceivable, but no decision on them exists so far.

Do I have to pay the first sick day myself today?

That depends on how long your employment has lasted. Under Section 3 (3) EFZG, the entitlement to continued pay arises only after four weeks of uninterrupted employment. If your employment is not yet that long, the statute grants no entitlement to continued pay during this phase, and your employer pays only if it does so voluntarily or by contract.

What does the six-week rule mean in practice?

The rule limits continued pay to six weeks per illness. After that, the health insurer may pay sickness benefit (Krankengeld), provided the conditions are met. A different, new illness starts the period again. If you remain ill after this period, clarify early which benefits your health insurer covers, so that no gap arises.

What happens after the six weeks?

After continued pay ends, an entitlement to sickness benefit against your health insurer may apply. Your health insurer clarifies the conditions and the procedure in your individual case.

How do I report sick correctly?

The deadlines for notifying your employer and your health insurer are explained in our guide on sick-note deadlines (in German). There you will find the steps at a glance.

What to Do Now

  1. Check your employment contract and any collective agreement before you assume that a rule applies.
  2. Follow proposals and legislative procedures on the website of the Federal Ministry of Labour and Social Affairs and in the Bundestag.
  3. Report sickness in time to your employer and your health insurer.
  4. For uncertainties about continued pay, contact your employer or a counselling service.

Related Articles

Sources: Section 3 EFZG: entitlement to continued pay in illness, Gesetze im Internet (in German).

Last updated: November 2026. This guide is general information, not individual advice.

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