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Work · Germany
Updated September 2026

🤒 I am on sick leave and my employer pressures me to work or return — what are my rights?

Direct answer

A valid sick note means you are not available for work, and an employer cannot demand tasks, calls or an early return; nor may they dismiss you because you are ill in most EU countries. Keep the pressure in writing (screenshot the messages) and answer once, politely, that you are unfit and will follow your doctor. Mindestlohn-Hotline (BMAS) / Zoll FKS (030 60 28 00 28) supervises employers and takes complaints about pressure and unlawful dismissal during illness; Gewerkschaft (DGB Rechtsschutz) (dgb.de) represents you; Your family doctor (GP) issues and extends the note and can write that contact must stop.

Call firstMindestlohn-Hotline (BMAS) / Zoll FKS
Report toGewerkschaft (DGB Rechtsschutz)
If that failsYour family doctor (GP)

🗣️ What to say

"I am on certified sick leave until [date] and unfit for work. I cannot take on tasks or calls during this period, as my doctor has confirmed. Please direct any questions to my written contact and stop contacting me about work until I am back. I will send the certificate for any extension on time."

🪜 Step by step

  1. Send the certificate on timeWithin the deadline your contract or the law sets (often 3 days). This is the one obligation you have.
  2. Answer once, in writingCalm, short, final. Then stop answering calls about work.
  3. Keep evidenceMessages, missed-call lists, emails demanding work or a return date.
  4. Complain to Mindestlohn-Hotline (BMAS) / Zoll FKSLabour inspectorates take pressure during illness seriously, especially with a paper trail.
  5. Dismissed while sick? Gewerkschaft (DGB Rechtsschutz)Contest within the short deadline — see the dismissal page. Illness is a protected period in most countries.

📇 All contacts

Mindestlohn-Hotline (BMAS) / Zoll FKSReport minimum-wage breaches, inspectionsWhen paid below minimum wage or not at all📞 030 60 28 00 28🔗 www.zoll.de/DE/Privatpersonen/Arbeit/Mindestlohn/mindestlohn_node.html
Gewerkschaft (DGB Rechtsschutz)Advice, representation at the labour courtFor members; joining is usually possible right away🔗 www.dgb.de/gewerkschaften
Your family doctor (GP)First point of contact for any health questionBefore a specialist, for a referral or a sick note
ArbeitsgerichtDismissal claims (3 weeks!), wage claims, no lawyer neededWithin 3 weeks of receiving the dismissal🔗 www.bmas.de/DE/Arbeit/Arbeitsrecht/arbeitsrecht.html

❓ Frequently asked

Can they send a doctor to check me?

The social-security or insurance doctor can examine you; the employer's own doctor cannot. You must attend the official check, not the employer's.

Can they cut my pay?

Sick pay follows the law and the contract: full pay for a period, then a social-security benefit. Unilateral cuts are reportable to Mindestlohn-Hotline (BMAS) / Zoll FKS.

Can they fire me for being sick too long?

After long-term illness some countries allow dismissal with conditions and compensation; never in the first weeks or months, and never for the illness itself without procedure.

📎 Sources

Last checked: 2026-09-26

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🧭 Is this still correct?

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