The principle: six weeks of full pay
Under § 3 EntgFG, employees who are unable to work through no fault of their own are entitled to continued payment of their wages for up to six weeks, i.e. 42 calendar days. This entitlement applies to all employees, including part-time staff, mini-jobbers and apprentices.
Four-week qualifying period
The entitlement only arises after four continuous weeks of employment. If an employee falls ill before that, the health insurance fund pays sickness benefit (Krankengeld) — the employer is not obliged to continue paying wages. The qualifying period runs from the contractually agreed start date, not from the first actual day of work.
Calculation: the "loss of earnings" principle (Lohnausfallprinzip)
The pay to be continued is the amount the employee would have received had they not been unable to work. This includes surcharges and allowances that are regularly paid, as well as variable components on average. Overtime pay and expense reimbursements, such as per diems or travel cost reimbursement, are not included.
Recurring illness and new illness
| Case | Consequence |
|---|---|
| Same illness, break of less than 6 months | Counted towards the 6-week entitlement |
| Same illness, fit for work for at least 6 months | New entitlement |
| Same illness, more than 12 months since the first bout | New entitlement |
| New, different illness during ongoing incapacity | "Unity of the incapacity event" principle: no extension |
Notification and evidence obligations
The employee must notify the employer of their incapacity to work without delay. Medical certification is required by the fourth calendar day at the latest; the employer may demand it from the first day. For employees with statutory health insurance, the employer has retrieved the data electronically from the health insurance fund since 2023 (electronic certificate of incapacity to work, eAU). Privately insured employees and mini-jobbers in private households still submit a paper certificate.
Fault excludes the entitlement
Fault within the meaning of the Act means a gross violation of one's own interests as a reasonable person would see it. Examples include driving under the influence, involvement in a brawl, or particularly dangerous sports practised without protective measures. A sports injury sustained during ordinary leisure activity, or the consequences of cosmetic surgery, are matters to be assessed case by case.
The U1 levy scheme: reimbursement for small businesses
Businesses with generally up to 30 employees take part in the U1 scheme. Depending on the chosen rate, health insurance funds reimburse between 40 and 80 percent of the pay continued. Levy rates differ between funds, so a comparison is worthwhile.
Public holidays and rehabilitation
Pay must also be continued for statutory public holidays (§ 2 EntgFG). For medical prevention and rehabilitation measures, continued pay applies correspondingly if a social security institution has approved the measure.
Documentation
Keep an overview per employee of periods of incapacity, the connection between diagnoses where known, and the days for which pay was continued. If you refuse continued pay or point to evidence obligations, do so in writing — with a clear date and provable receipt.