German Court Upholds Entitlement to Sick Pay Despite Late Submissions

In a significant ruling that reinforces the rights of employees in Germany, the Federal Social Court (Bundessozialgericht) has decreed that health insurance companies are obligated to disburse sickness benefits, known as Krankengeld, even if the insured individuals fail to meet the deadline for submitting a doctor’s sick note (Arbeitsunfähigkeitsbescheinigung). This decision holds considerable importance for workers in Germany, ensuring continued financial support during extended periods of illness.

Understanding the Sick Pay Process in Germany

In Germany, if an individual has been employed at a company for more than four weeks, they are entitled to statutory sick pay from their employer for up to six weeks of absence due to illness. Should their sick leave extend beyond these six weeks, the health insurance provider then takes over the responsibility of covering these costs.

Traditionally, when a person falls ill, doctors in Germany issue a sick note, confirming the individual’s inability to work. This sick note is then communicated to both the employer and the health insurance provider. Since 2021, the onus of submitting these sick notes to the insurance providers within a week of issuance has shifted from patients to doctors.

The Court’s Rationale and Its Implications

The court’s decision stemmed from a case where a patient was denied Krankengeld because their doctor failed to submit their sick note within the stipulated one-week timeframe. The court ruled that patients should not be penalized for such delays, especially since the responsibility for timely submission now falls on the doctors, not the patients.

This ruling signifies a pivotal change, ensuring that insured individuals are not unfairly deprived of their Krankengeld due to administrative delays or technical shortcomings in doctor’s practices. The court emphasized that this policy applies irrespective of whether medical practices are equipped with the necessary technology for electronic note submission.

Exceptions and Limitations

It is important to note that this ruling does not apply to practices exclusively catering to patients with private health insurance or to rehabilitation facilities. These entities are not bound by the same requirements as those participating in the statutory health insurance system.

This landmark ruling by Germany’s Federal Social Court marks a progressive step in safeguarding the financial stability of workers during health crises. By shifting the responsibility of timely sick note submission to medical practitioners, the court has alleviated a significant burden from the shoulders of employees, ensuring that their rights to sickness benefits are not compromised due to procedural delays. This decision reaffirms Germany’s commitment to protecting employee rights and upholding the integrity of its health insurance system.