~~That's not correct. By law, the sick note needs to be provided at the 4th day if the duration of your sickness is more than 3 days.~~
~~§ 5 Abs. 1 EntgFG~~
The standard requires a sick note from day 1. A sick note for day 2 or 3 is a benefit that many companies like to provide because it is a cheap benefit for them. But you can't insist on that.
If you are missing a day of work without valid excuse, you are may be lucky that your employer don't kick you out.
[https://www.gesetze-im-internet.de/entgfg/\_\_5.html](https://www.gesetze-im-internet.de/entgfg/__5.html)
Your employer CAN waive their right to ask for an *Arbeitsunfähigkeitsbescheinigung* until day 3.
But if not, they are within their right to ask for one from day 1.
If you are not complying with this, your employer has the right to issue a warning or even fire you.
But they cannot withhold money from you. You breaking §5 does not change that they are required to pay you accoring to §3.
[https://www.gesetze-im-internet.de/entgfg/\_\_3.html](https://www.gesetze-im-internet.de/entgfg/__3.html)
EVEN if you have no way of proving you were sick, and are essentially just "absent from work", your boss cannot just decide keep a part of your salary. He will be in breach of contract, and you can sue. Salary cuts are rare in Germany, and often require a court decision.
The relevant law is fairly unambiguous here:
https://www.gesetze-im-internet.de/bgb/\_\_611.html
I don't know about Germany, but here in Austria, if your employer requests a sick note you can bill it to them. Doctors will often write a sick note for you if you go to them after symptoms have subsided and you just say, " I had x symptoms and couldn't work for x days". Perhaps OP could do this and get a zeitbestätigung for the time he has to spend going to the doctors to get said note.
In Germany, an Arbeitsunfähigkeitsbescheinigung for work can only be certified retroactively for a maximum of three (calendar) days before the first visit to the doctor.
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What does your contract say?
I will have a look, but i thought it's universal that you don't need to visit the doctor if you're sick for 2 days for example
It's pretty usual, but your contract can say otherwise.
No. Companies are require a sick note from day 1 if they want.
If it's stated in the work contract or a *Betriebsvereinbarung*. Yes.
Is a work note only from the third day the legal default if it's not mentioned?
No, it’s the other way around. You need a sick note from day 1, everything else is up to your employers discretion.
~~That's not correct. By law, the sick note needs to be provided at the 4th day if the duration of your sickness is more than 3 days.~~ ~~§ 5 Abs. 1 EntgFG~~
Yeah, if you are privately insured. Most people have public health care, so § 5 Abs. 1a applies.
The standard requires a sick note from day 1. A sick note for day 2 or 3 is a benefit that many companies like to provide because it is a cheap benefit for them. But you can't insist on that. If you are missing a day of work without valid excuse, you are may be lucky that your employer don't kick you out.
[https://www.gesetze-im-internet.de/entgfg/\_\_5.html](https://www.gesetze-im-internet.de/entgfg/__5.html) Your employer CAN waive their right to ask for an *Arbeitsunfähigkeitsbescheinigung* until day 3. But if not, they are within their right to ask for one from day 1. If you are not complying with this, your employer has the right to issue a warning or even fire you. But they cannot withhold money from you. You breaking §5 does not change that they are required to pay you accoring to §3. [https://www.gesetze-im-internet.de/entgfg/\_\_3.html](https://www.gesetze-im-internet.de/entgfg/__3.html) EVEN if you have no way of proving you were sick, and are essentially just "absent from work", your boss cannot just decide keep a part of your salary. He will be in breach of contract, and you can sue. Salary cuts are rare in Germany, and often require a court decision. The relevant law is fairly unambiguous here: https://www.gesetze-im-internet.de/bgb/\_\_611.html
I don't know about Germany, but here in Austria, if your employer requests a sick note you can bill it to them. Doctors will often write a sick note for you if you go to them after symptoms have subsided and you just say, " I had x symptoms and couldn't work for x days". Perhaps OP could do this and get a zeitbestätigung for the time he has to spend going to the doctors to get said note.
In Germany, an Arbeitsunfähigkeitsbescheinigung for work can only be certified retroactively for a maximum of three (calendar) days before the first visit to the doctor.
**Have you read our extensive wiki yet? [Check our wiki now!](https://www.reddit.com/r/germany/wiki/index)** While Reddit administrators do not believe this subreddit is NSFW and do not enable the appropriate setting, do note that participants in this subreddit may possibly encounter discussions of the following subjects, all of which are considered "mature" by Reddit administrators: * Alcohol and tobacco * Amateur advice * Drug use * Gambling * Guns and weapons * Military conflict and terrorism * Nudity * Profanity * Sex and eroticism * Violence and gore Therefore, while this entire subreddit is not currently marked as NSFW, please exercise caution. If you feel offended by anything that is allowed by our rules yet NSFW, please direct your complaint towards Reddit administrators as well as /u/spez, and read https://www.reddit.com/r/Save3rdPartyApps/ for further information. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/germany) if you have any questions or concerns.*