A dismissal or a resignation does not change your right to sick pay. If you are unfit for work during your notice period, you are entitled to be paid, just like at any other time. But the end of a job raises some special questions: whether the notice period is extended, what happens when sick pay runs out, and how you are covered once the job has ended.
There is also a trend you should know about. German courts now accept that an employer can doubt a sick note if it covers exactly the remaining notice period. In that case, you may have to prove that you were really ill.
Does Illness Extend the Notice Period?
No. The notice period runs regardless of illness, holiday or garden leave. If your job ends on 31 March, it ends on 31 March, even if you are ill from 1 February onwards.
The same applies to fixed-term contracts and termination agreements. The end date stays the same.
Who Pays While You Are Ill?
First six weeks. Your employer continues to pay your full salary for up to six weeks per illness (Entgeltfortzahlung). This right starts after you have worked for the employer for four weeks. A new illness that starts after you have recovered from the previous one starts a new six-week period. If a new illness is added while you are still on sick leave, or the same illness returns, the periods are generally added together.
After six weeks. Your statutory health insurer pays sickness benefit (Krankengeld). It amounts to 70 percent of your gross salary, up to an annual ceiling, and no more than 90 percent of your net salary. Social security contributions are deducted. If you have private health insurance, you only receive payments under a daily sickness allowance policy (Krankentagegeld), which usually ends when your job ends.
Pay beyond the end of the job. Normally, your employer's duty to pay ends with the job. There is one exception: if your employer dismissed you because you were ill, it must continue to pay for the rest of the six weeks, even after the end date. The same applies to a termination agreement concluded because of the illness.
| Situation | Who pays |
|---|---|
| Ill during notice period, up to six weeks | Employer, full salary |
| Ill for longer than six weeks during the notice period | Health insurer, sickness benefit |
| Ill on the last day and beyond | Health insurer, sickness benefit, unless the dismissal was because of the illness |
| Fall ill while receiving unemployment benefit | Employment agency for six weeks, then health insurer |
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Sick Notes and Reporting
Tell your employer on the first day that you are unfit for work and how long it is expected to last. You do not have to say what illness you have.
If you are ill for more than three calendar days, you need a doctor's certificate from the fourth day. Your employer may ask for it earlier. If you have statutory health insurance, the doctor sends the certificate electronically to your insurer, and your employer retrieves it. You only have to see the doctor and inform your employer. With private health insurance, or if you see a doctor abroad, you still need to hand in a paper certificate.
When the Employer Doubts the Sick Note
A sick note is strong evidence. But the Federal Labour Court has ruled that its value as proof can be shaken in certain situations, in particular:
- an employee resigns and is signed off sick on the same day, until exactly the end of the notice period (2021),
- an employee is dismissed, then submits several sick notes that cover exactly the remaining weeks, and starts a new job immediately afterwards (2023).
The timing alone is not decisive. The court looks at all the circumstances. If the employer can show serious doubts, it may stop paying. You then have to prove that you were really ill, usually by releasing your doctor from confidentiality so that the doctor can testify. If you were genuinely ill, this is manageable. But it is stressful and delays your pay.
If you are ill during your notice period, see your doctor in person, follow the treatment and keep a record of appointments. Avoid posting holiday photos or starting work elsewhere while signed off sick. This protects you if your employer later doubts the sick note.
Sickness Benefit After the Job Ends
If a doctor has certified your illness by your last working day and you are still ill afterwards, your health insurance continues because of your claim to sickness benefit. You then receive sickness benefit instead of unemployment benefit, because you are not available for work.
Keep the sick notes seamless: have the follow-up certificate issued at the latest on the next working day after the previous one ends; Saturdays do not count. After the job has ended, a later certificate does not end your claim if it is issued within one month, but you receive no sickness benefit for the days in between. Watch the dates carefully.
Sickness benefit for the same illness is paid for up to 78 weeks within three years, minus the weeks of sick pay from your employer. If you are still unable to work after that, you can usually claim unemployment benefit while your capacity to work is being assessed.
Once you are fit again, register as unemployed immediately. See registering as a jobseeker and unemployment benefit.
Received a dismissal letter? You have three weeks to challenge it, so do not wait too long.
Get Your Free Case Review →Holiday During the Notice Period
If you fall ill during holiday and have a sick note, the sick days do not count as holiday. If you cannot take your remaining holiday before the job ends because of illness, it must be paid out. See holiday pay on termination.
Can You Be Dismissed While Ill?
Yes. A dismissal during sick leave is valid if it is otherwise lawful. Being ill does not protect you. If the dismissal is because of your illness, strict rules apply. See dismissal due to illness.
The three-week deadline to challenge a dismissal also runs while you are ill. If you are too ill to act, ask someone to contact a lawyer for you. If you could not meet the deadline despite every effort, the court can admit a late claim, but you must apply within two weeks after the obstacle ends.
Points for Expats
- Travelling while ill. You may travel if it does not delay your recovery. Get your doctor's agreement first. If you receive sickness benefit and want to stay outside the EU, ask your health insurer for approval in advance, otherwise payments can be suspended.
- Ill while abroad. A sick note from a doctor in another country, also outside the EU, generally has the same value as proof. It must show that you were unfit for work, not just ill. Inform your employer and insurer immediately. Doubts arise if your behaviour does not fit, for example a long journey home while supposedly unable to travel.
- Residence permit. Sick pay and sickness benefit do not affect your permit while your job continues. After the job ends, a long illness can make your job search harder. Speak to the immigration office early. See losing your job and your residence permit.
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Get Your Free Case Review →Frequently Asked Questions
Do I have to work during my notice period after being dismissed?
Yes, unless your employer releases you or you are ill. Being dismissed is not a reason to stay at home.
Can my employer ask what illness I have?
Generally no. You only have to report that you are unfit for work and for how long. In a dispute about whether several sick periods belong to the same illness, you may have to disclose more.
I resigned and then got ill. Do I still get paid?
Yes, if you are genuinely ill. Expect closer scrutiny if the sick note covers exactly the remaining notice period.
Does sick leave affect my severance?
Not directly. Severance in a settlement is negotiated and usually based on salary and length of service. Long sick leave can, however, influence the negotiation.
