In May, we reported on the introduction of partial incapacity for work, which the German Federal Government had planned as one element of its healthcare reform. The healthcare reform has now been adopted and the statute promulgated. As a result, it will be possible to certify partial incapacity for work from January 1, 2028. In substance, the legislature has again modified the rules on partial incapacity for work.
The healthcare reform has been adopted and promulgated
Despite heated debates and broad opposition, the Bundestag and, subsequently, the Bundesrat approved the legislative proposal on July 10, 2026. In doing so, they also approved the introduction of partial incapacity for work. Going forward, it will be codified in Section 44c of the Social Code Book V (Sozialgesetzbuch Fünftes Buch) and supplemented, among other things, by the rules on partial sickness benefit. The legislative package was published in the Federal Law Gazette on July 24, 2026.
What changed during the legislative process?
The legislature amended the original draft legislation. In addition to purely structural changes and a specification of the electronic employer notification procedure, the following amendments are particularly notable:
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