Labor Law Expert Clarifies: Can My Boss Question a Telephone Sick Leave? - Germany's new phone sick notes spark debate over convenience and abuse risks

Employees in Germany can now obtain sick notes by phone from their doctor for up to five days. The new rule, introduced to ease pressure on doctors, allows patients to avoid in-person visits for mild illnesses. However, some employers remain concerned about potential misuse of the system.

The change means patients with minor symptoms no longer need to see a doctor face-to-face. Instead, they can call their GP for a sick note, provided the practice does not offer video appointments. This shift aims to reduce the workload for overstretched surgeries, a move welcomed by the Association of Statutory Health Insurance Physicians.

A phone-issued sick note holds the same legal weight as a traditional one. It does not restrict an employee's activities outside work, as long as these do not slow recovery. Yet doctors retain the right to refuse a phone consultation if they cannot properly assess the patient's condition.

Employers, however, have raised doubts. They worry that staff could exploit the system by obtaining multiple five-day notes for different illnesses without ever being seen in person. Despite these concerns, no concrete data exists yet on abuse cases since the measure was first introduced during the pandemic.

Severe or unclear conditions still require an in-person visit. Employers also cannot insist on a face-to-face consultation if an employee opts for the phone option.

The new rule offers flexibility for patients with mild illnesses while reducing strain on GP practices. Employers, though, must accept phone-issued sick notes as legally valid, even without proof of in-person assessment. The long-term impact on workplace attendance and doctor-patient trust remains to be seen.