Effective 1 January 2023 the German Continued Remuneration Act (Engeltfortzahlungsgesetz – "EFZG") was updated and a new section 5 para. 1a EFZG was introduced significantly impacting the way employees prove incapacity for work.

In its old version, section 5 EFZG stipulated the obligation of all employees to (i) notify their employers of the incapacity for work and its expected duration without undue delay and (ii) submit a certificate of incapacity for work in paper form to their employer not later than on the fourth day of sickness. In case the incapacity for work lasted longer than originally anticipated, employees had an obligation to submit a follow-up certificate (Folgebescheinigung) to the employer.

The newly introduced section 5 para. 1a EFZG has eliminated the obligation to submit the certificate of incapacity for work to the employer, at least for employees who are members of the statutory health insurance (gesetzliche Krankenversicherung). Those Employees will only be required to have their incapacity for work determined by a medical doctor and to inform their employer accordingly. Once the employee’s incapacity for work is determined, the doctor electronically transmits the incapacity for work data to the responsible health insurance company. The health insurance company creates a report for the employer that contains the name of the employee, the beginning and end of the incapacity for work, the date of the medical examination and the classification as an...

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