Aside of what is written on a job-contract, I would like to know if there is in Germany a general rule or law, that enables a worker to be sick for some days without having to bring to work a medical certificate stating he was in fact sick.
The relevant law (Entgeltfortzahlungsgesetz - § 5 Anzeige- und Nachweispflichten) says that:
- a medical certificate (Arbeitsunfähigkeitsbescheinigung) is required for a sickness of more than three calender days
- additionally, an employer may request the certificate sooner (including for the first day) if they want to
In practice, most employers will allow one or two sick days without a certificate. That should be mentioned in the employee handbook or similar. Note that employers may request a certificate on the first day, for all employees or just for particular ones, so make absolutely sure you know the rules of your employer.
Also, note that you must notify (by telephone, email or similar) your employer immediately (as in: as soon as you are physically able to) when you fall ill. This is independent of whether or not you later go to the doctor.
Rules about medical certificates
Digital medical certificates (since 2022)
In 2021/2022, digital medical certificates (Elektronische Arbeitsunfähigkeitsbescheinigung, eAU) were introduced, to replace the old paper certificates. This means:
- The medical certificate is automatically transmitted to your health insurance by your physician, so submitting it yourself is no longer required. This started between October 2021 and January 2022.
- Since July 2022, the health insurance make that information available to employers, so the paper certificate mentioned below is obsolete. Since January 2023, employers must use this new system.
Old rules - paper certificates
Old, obsolete rules, for historical interest only :-)
Before 2022, the treating physician would issue you a paper certificate certifying that you are not fit to work, and for how long (Arbeitsunfähigkeitsbescheinigung).
The employer had to receive the certificate the day after it is due. So if your employer allows two days of sickness without certificate, you had to get the certificate on the third day at the latest (unless you are ok again), to send it immediately so it arrives the same day. Not all employers would insist on this, still better to play it safe.
Ideally, you send in the physical paper certificate, or deliver it personally. If you cannot get the physical certificate to the employer in time, you can send it by fax or by email to satisfy the official time limit (source: lawyer's advice). You must still send the paper certificate, too, so it arrives as soon as possible.
Note: Some employers accept a scan/photo of the paper certificate instead of the original - but that is a special favor to employees. By law, employers can always demand the paper certificate, so ask your employer about the rules they apply.
I will try to answer the question a bit more broadly, maybe we can keep it around in someway.
A lot of companies allow you to call in sick for 2/3 days without a notice from a doctor, however it comes down to what is in your contract.
If it states that you have to bring a doctors note from day one, you have to do it. Otherwise you tread on dangerous grounds even if the general rule is you only need to bring it on day 3.
If the company wants you out they have their excuse ready and since you have a signed contract saying something different you are on the short side.
Why do companies give you the benefit of the doubt?
First visiting the doctor for something mundane as a bad stomach is rather pointless. We all know how to treat those minor stuff.
Secondly if we do visit the doctor, at least in my experience, I will be sent home for atleast a week. Most companies want to avoid that since they still have to pay you. (In germany up to 6 weeks, after that the "Krankenkasse"(health care system) starts paying you partialy.
However, you should never try to cheat that system. There is no need for you to stay at home when you call in sick, however, if you said you got explsoive diareh and visit the cinema next to your workplace for 2 hours straight, you will be in trouble.
Personally I can call in for 3 days straight, however I always bring a doctors note if I am more than one day at home.
Also never forget that people notice patterns easy: "Hey look its friday, guess who is sick again?" Even if you are really ill, better avoid those rumors at all costs. If you are new at the company, always get a doctors note. always. Trust has to be earned.
Don't be that guy.
This has already been said, but to make my answer complete:
Usually, most employers allow you to call in sick for 3 days before requiring a certificate. This is also the legal standard, if nothing else is explicitly demanded by your contractor.
Your employer can demand that you give a certificate earlier, even for any sickness day. This does not require a reason, but it can't be to harass or discriminate someone. E.g. demanding it from all employees is fine, as is demanding it from those who are often away sick. Demanding it only from women is not.
Finally, something many people are not aware of: weekends count! If you call in sick on Friday and are still sick on Monday, this will count as your fourth day and you will need to go to the doctor.
Disclaimer: I am not a lawyer.
As far as I know a certificate is required to be handed in on the first day of calling in sick. You're not required to hand it in personally, but the original document has to arive at your workplace on day one.
That being said, most companies allow you up to 2 days without certificate, requiring it on the third consecutive day of calling in sick. However, this "benefit" can be revoked at any time. This often happens if an employee calls in sick a lot (not two consecutive weeks in a year, but rather 10 individual days).
So, to answer your question: No, as far as I know there is no such law enabling the worker to not hand in a certificate for being sick for a while.