In early July 2026, the German Coalition Committee of the CDU/CSU (conservative political party union) and SPD (social democratic political party) announced a proposal to create an obligation to submit a certificate of incapacity for work from the first day of illness and to abolish telephone-based certification of incapacity for work. At first glance, this may sound like a significant tightening of obligations for employers and employees alike. In reality, however, less is likely to change than expected. The real challenges lie in the details, which will only be clarified once a draft bill is published.
For Now, Only a Political Announcement – Section 5 EFZG Continues to Apply
The basis for the announcement is the “Program for Growth and Employment” published on July 2, 2026. No draft bill has yet been presented; Federal Chancellor Merz has announced that the legislative process is to be completed by the end of 2026. Until then, Section 5 of the German Continued Remuneration Act (Entgeltfortzahlungsgesetz, EFZG), which sets forth an employee's obligations to notify and provide proof to their employer when they are unable to work due to illness, remains unchanged.
At the July 2, 2026 press conference, Mr. Merz expressly confirmed that businesses should be able to deviate from the new rule by individual agreement, works agreement, or collective bargaining agreement. Whether such deviations will be permissible only in favor of employees – for example, by retaining the...
Executive Summary What’s new: The Seventh Circuit affirmed dismissal of an outsider’s qui tam action under the False Claims Act, outlining a potential path to dismissal where a relator lacks ins...