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German Courts Raise Bar For Digital Sick Notes and Clarify Krankengeld Rules

Recent rulings change when employers and insurers may challenge medical certificates, increasing procedural risk for patients who rely on automated online attestations.

Overview

  • A regional labour court upheld an immediate dismissal after finding an employee submitted a certificate generated from an online questionnaire without any doctor contact, because the paper gave the impression of a physician examination.
  • A separate labour court ruled that a properly issued sick note keeps strong probative weight and that employers must present concrete, specific facts to prove an employee simulated illness.
  • A social‑insurance court ordered a health insurer to pay sick‑pay (Krankengeld) after finding a change in the claimant’s insurance/status meant earlier psychiatric certificates did not block a new claim for later acute physical illnesses.
  • New federal legislation taking effect in 2027 shortens the window to file a rehabilitation (Reha) application from ten weeks to four weeks, which can trigger temporary suspension of Krankengeld if missed.
  • A Grade of Disability (GdB) of 50 legally opens extra workplace protections and tax and pension benefits, and the pension authority says retrospective GdB recognition can lead to a higher, recalculated pension.