Labor Law Expert Clarifies: Can My Boss Question a Telephone Sick Leave? - Germany now allows phone sick notes for short-term illnesses

Employees in Germany can now obtain sick notes over the phone for short-term illnesses. The new rule allows up to five days of certification without an in-person visit. It is designed to ease pressure on overstretched GP practices while maintaining legal validity.

The telephone sick note carries the same legal weight as a traditional one. Employers receive no details about how the certificate was issued, whether by phone or in person. However, some businesses remain wary of potential misuse.

Not every patient qualifies for a phone consultation. The option is limited to those registered with GP practices that lack video appointment services. Doctors retain the right to refuse a phone sick note if they cannot properly assess the patient's condition.

Employees must still submit a sick note by the fourth day of absence, or as their workplace requires. The measure does not restrict their activities outside work during the certified period. Meanwhile, digital healthcare tools, including video consultations, have grown in popularity, with the German Medical Association reporting higher satisfaction among doctors in 2024.

The change aims to reduce strain on GP surgeries while keeping the process straightforward for workers. Employers, though concerned about abuse, cannot distinguish between phone and in-person notes. For now, the system relies on doctors' judgement to ensure fair and accurate certification.