Overview

• Statutory sick pay is capped at 78 weeks within a three‑year block, which includes the first six weeks of employer wage continuation, and entitlement ends when that cap is reached.
• The seamless rule under §145 SGB III can bridge the gap to an earnings‑capacity decision, but denials are common when the employment agency’s medical service deems claimants capable, in which case continued sick notes can block regular unemployment benefits.
• A brief return to work or a tactical end to a sick note does not reset the three‑year block; experts recommend structured re‑entry via graded reintegration instead of trying to pause the countdown.
• A new, independent diagnosis can trigger a fresh sick‑pay claim, while a flare‑up of the prior illness typically cannot; during regular ALG I, only up to six weeks of continued payment apply before any switch to sick pay is tested.
• Planning options include combining sick pay and ALG I to cover up to roughly three and a half years, using medical grounds to avoid an ALG I waiting period after a self‑termination, understanding that minijobs do not create their own sick‑pay rights, and noting that a 13th‑month salary can raise the calculated sick‑pay amount.