Since 7 December 2023, employees in Germany with a cough, cold or hoarseness can once again get a sick note from their doctor over the phone. And since 18 December 2023, parents are also able to obtain a doctor's note concerning their child's illness over the phone.
In the event of illness, employees in Germany have two obligations. Firstly, they must immediately inform their employer of their incapacity for work and secondly, they must provide proof of their incapacity pursuant to Section 5 (1) Sentence 2 of the Entgeltfortzahlungsgesetz (the Continued Remuneration Act, “EFZG”) by provision of a medical certificate to the employer confirming their incapacity for work (Arbeitsunfähigkeitsbescheinigung or in brief AU-Bescheinigung). This rule applies, should the illness last longer than three days. For illnesses lasting only up to three days, however, there is in general no legal obligation to provide a medical certificate.
Needless to say, the duly issued AU-Bescheinigung is the most important proof expressly provided for by law of the existence of incapacity to work due to illness and therefore has a high evidential value before the German labour courts.
In 2020, the Gemeinsame Bundesausschuss* (the Federal Joint Committee, “G-BA”) had already introduced a temporary special regulation in response to the coronavirus pandemic to relieve the burden on doctors' surgeries and to prevent chains of infection. This special regulation, according to which persons with mild respiratory diseases could have their incapacity for work determined by their doctor for up to seven days (with a one-off extension for a maximum of a further seven days) via telephone anamnesis, last expired on 31 March 2023.
With its decision of 7 December 2023, the Gemeinsame Bundesausschuss has now re-introduced the possibility of determining incapacity for work by means of telephone anamnesis in its Arbeitsunfähigkeits-Richtlinie (Incapacity for Work Directive, “AU-RL”). The rule was laid down in accordance with the Arzneimittel-Lieferengpassbekämpfungsgesetz (the Act to Combat Supply Shortages of Medicinal Products, “ALBVVG") in order to relieve the burden on doctors' surgeries, reduce bureaucracy and avoid unnecessary visits to the doctor. Contrary to the regulation of 2020, the current decision of the Gemeinsame Bundesausschuss is valid for an unlimited period.
The decision of 7 December 2023 in detail:
Incapacity for work can now also be determined by medical anamnesis over the phone.
This applies to illnesses that do not have severe symptoms. Whether this is the case will be determined by the attending doctor in each specific instance.
It is at the doctor's discretion whether the incapacity for work can be determined by telephone or whether an examination by video or directly in person is necessary.
The prerequisite is that patients are known to the doctor`s surgery.
The certificate of incapacity for work can be issued only once by telephone and for a maximum of five calendar days.
If the incapacity for work persists for more than five days after being determined by telephone, the doctor's surgery must be visited in person for a follow-up certificate.
Shortly after the decision of 7 December 2023 came into effect, the new regulations of the Arbeitsunfähigkeitsrichtlinie were extended for the receipt of child sickness benefits and put into force. As of 18 December 2023, parents can now obtain a medical certificate for their sick child by telephone, provided that telephone anamnesis is medically justifiable, the child is already known to the doctor`s surgery, no severe symptoms exist and the child has not yet reached the age of twelve.
* The Gemeinsame Bundesausschuss (Federal Joint Committee, “G-BA”) is the highest decision-making body of joint self-administration in the German healthcare system. In the form of guidelines, it determines the range of services covered by statutory health insurance and thus determines which medical services are paid for by the statutory health insurance funds.
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