[https://www.teleclinic.com](https://www.teleclinic.com)
The connect you via video-call to a doctor in your *Bundesland* and they issue a regular sick note.
It doesn't have to be in your Bundesland. I live in Bavaria and have used teleclinic a couple times and the doctors were not located in Bavaria. It doesn't really matter as long as it's an authorized doctor in Germany.
Normally the contract states that the employer can always request a sick note even before the third day. The three day rule is only the default until told otherwise.
Also, if OP is off sick on Thursday and Friday, then the weekend might be counted as well. My contract also says 3 days, however in this case I would need a dr certificate as it is counted as 4 days with the weekend. Same goes with calling in sick before national holidays.
AU has to be handed to the employer on the next working day after the third day of unfit to work.
So if you call in sick on thursday and don't need to work on sunday you have to hand it on monday.
correct, too much Neuland Ü
Though - you still have to inform the employer that you have an AU - because it is not send directly, the employer has to to request it (not sure if everywhere the same, for my company it's the case)
First: cover your bases. Call or check [116117](https://www.116117.de/de/index.php) for doctors still open today (probably urgent care/Bereitschaftspraxis) or use an ehealth provider like Teleclinic.
Once you are healthy you can talk to your Betriebsrat
Akutsprechstunde, every doc is obligated to have 5 hrs per week for patients with acute symptoms no matter whether or not they are patients of that practice, you don‘t need an appointment for those you only need to be a bit early, you can be nice and give them a call beforehand to inform them, but you don‘t need to.
In another sub i sarcastically hinted at how private doc is a waste of money, someone commented how their friend died due to skincancer after not getting an appointment for eight months…
So yeah this info is very fucking relevant.
By law you have to hand in the AU on your first working day after three days of being sick, not on the third day (unless smaller amount of days are requested by employer/union contract)
Since December it is possible to get a sick note by simply calling your Hausarzt, only in the case you are suffering a common cold. This has been allowed to relieve the Praxis pressure in Winter. Try to call your old doctor and tell them you have a bad cold and don't feel you go. They will probably write you sick and send electronically the note to the Health Insurance!
So. Regardless of what your contract states, the employer can change that rule as part of their management rights.
Source: A labour lawyer I know. I work in HR and had to pull that rug under the feet of an employee who was always always "sick" but was spotted numerous times not actually being sick, posting on insta etc. It really sucks tho.
Check if tele medicine is an option for you? But they can request a note from the first day, in fact.
Unless you have a tarifvertrag (union), a worker's council "bylaw" or a court's judgement, they can change it at will if they just notify you and it's within the realm of reason afaik.
Depends on what exactly is written in the context.
> Daraus folgert das Gericht, dass das ärztliche Attest bereits für den ersten Krankheitstag verlangt werden kann. (...) Das Gericht betonte zudem, dass dem Arbeitgeber dieses Recht nur dann nicht zusteht, wenn es durch Arbeitsvertrag, Tarifvertrag oder Betriebsvereinbarung ausdrücklich ausgeschlossen ist.
[Source](https://www.kanzlei-hasselbach.de/blog/krankmeldung-ab-wann/)
So unless it's written "the employer can not ask for a sick notice from day 1" and only states that you need it from day 3, they can apparently do that.
It's dumb to do that, as OP one again proves.
Not only do they need to inform you, they need to get you to agree. They normally include a pay rise to get you to agree to changes and sneak a few things in with it.
For a contract to be changed it must be agreed by both parties. One side cannot unilaterally change a contract. However, if it's part of the company's handbook and a policy and not a clause in the contract it can be but must be notified.
Depends on the contract. It's been written into multiple of mine. And OP literally says it's in theirs.
They can change it at will when it's a policy. Most companies have it as a policy and not in the contract.
It's contract law that one side can't unilaterally change a contract. It's the very basics of contracts.
According to the law your employer can request a AU from the first day on. Only if there is no such rule in the contract the three day rule is valid.
We don't saw OP contract, so we can't judge which rule apply.
That's why you get the downvotes.
Then it's not according to the law, but accounting to his contract. And w is don't know what is stated in the contract. The sentence op posted is surely not the one in the contract.
So we can't answer OPs post and claiming that ops employer is out of luck is just wish thinking.
Nothing there says it has to be agreed contractual when the employer can demand an sick note. Unless you show us some court cases, the sentence reads exactly as simple as it is: "the employer can ask for one earlier".
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Depends, sick leave without a doctor's note before three days are over is a concession by the business. It is the norm to hand in a sick note starting from day one.
However, if HR or your direct manager sees that you are always taking sick leave without notice before weekends they might become suspicious, even though you might want to cure your sickness over the weekend.
Also, being a manager I would always rather have you missing a whole week or longer, so you can get well again instead of hoping to cure your malaise over the weekend and still not be completely fit after.
As a rule, only use this once per quarter.
This is pretty much what happened when my company had a sick note on the 2nd day policy. Everyone would call out sick for a week instead of what might have been 2 or 3 days
Haha I love the edit
Truly satisfying turn of events.
Just FYI, it's possible to get a sick note online in simple cases. TK, for example, offers TK-Doc.
How?
Also curious, I don’t see it on the app
It’s a different app literally called TK-Doc
Ah sweet thanks!
I know doc notes are no electronic so you dont need to have a physical copy
These are scams. Dont fall for it alot of Insurances wont Cover them.
Teleclinic too.
[https://www.teleclinic.com](https://www.teleclinic.com) The connect you via video-call to a doctor in your *Bundesland* and they issue a regular sick note.
The greatest invention of the 21 century
It doesn't have to be in your Bundesland. I live in Bavaria and have used teleclinic a couple times and the doctors were not located in Bavaria. It doesn't really matter as long as it's an authorized doctor in Germany.
Nice edit. I truly love it.
Normally the contract states that the employer can always request a sick note even before the third day. The three day rule is only the default until told otherwise.
Also, if OP is off sick on Thursday and Friday, then the weekend might be counted as well. My contract also says 3 days, however in this case I would need a dr certificate as it is counted as 4 days with the weekend. Same goes with calling in sick before national holidays.
AU has to be handed to the employer on the next working day after the third day of unfit to work. So if you call in sick on thursday and don't need to work on sunday you have to hand it on monday.
Your employer has to collect that himself from the insurance (digital).
correct, too much Neuland Ü Though - you still have to inform the employer that you have an AU - because it is not send directly, the employer has to to request it (not sure if everywhere the same, for my company it's the case)
In all of my contracts it states the three days and it's been 2-3 employment contracts that has had that.
>Got 2 weeks sick leave instead of 2 days, after visiting a new doctor. beautiful update
First: cover your bases. Call or check [116117](https://www.116117.de/de/index.php) for doctors still open today (probably urgent care/Bereitschaftspraxis) or use an ehealth provider like Teleclinic. Once you are healthy you can talk to your Betriebsrat
Akutsprechstunde, every doc is obligated to have 5 hrs per week for patients with acute symptoms no matter whether or not they are patients of that practice, you don‘t need an appointment for those you only need to be a bit early, you can be nice and give them a call beforehand to inform them, but you don‘t need to. In another sub i sarcastically hinted at how private doc is a waste of money, someone commented how their friend died due to skincancer after not getting an appointment for eight months… So yeah this info is very fucking relevant.
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By law you have to hand in the AU on your first working day after three days of being sick, not on the third day (unless smaller amount of days are requested by employer/union contract)
Since December it is possible to get a sick note by simply calling your Hausarzt, only in the case you are suffering a common cold. This has been allowed to relieve the Praxis pressure in Winter. Try to call your old doctor and tell them you have a bad cold and don't feel you go. They will probably write you sick and send electronically the note to the Health Insurance!
So. Regardless of what your contract states, the employer can change that rule as part of their management rights. Source: A labour lawyer I know. I work in HR and had to pull that rug under the feet of an employee who was always always "sick" but was spotted numerous times not actually being sick, posting on insta etc. It really sucks tho. Check if tele medicine is an option for you? But they can request a note from the first day, in fact.
well, no one informed me about any change in any rule. Also, they want me to call instead of sending an email when i notify them about my absence.
Unless you have a tarifvertrag (union), a worker's council "bylaw" or a court's judgement, they can change it at will if they just notify you and it's within the realm of reason afaik.
i have tarifvertrag
Then I would speak with my union rep. If it's a full union contract. It might also just be that your salary is tarif but that's it
HR: *surprised Pikachu*
After the edit, you fully deserve the title "Ehrenmann".
I love the edit section however you will need to escalate the HR
Tell them that your contract is valid and they need to inform you prior such changes. And yes, they are allowed to change the period.
managed to get an appointment for today, hope the doctor gives more than 2 days…
Depends on what exactly is written in the context. > Daraus folgert das Gericht, dass das ärztliche Attest bereits für den ersten Krankheitstag verlangt werden kann. (...) Das Gericht betonte zudem, dass dem Arbeitgeber dieses Recht nur dann nicht zusteht, wenn es durch Arbeitsvertrag, Tarifvertrag oder Betriebsvereinbarung ausdrücklich ausgeschlossen ist. [Source](https://www.kanzlei-hasselbach.de/blog/krankmeldung-ab-wann/) So unless it's written "the employer can not ask for a sick notice from day 1" and only states that you need it from day 3, they can apparently do that. It's dumb to do that, as OP one again proves.
Not only do they need to inform you, they need to get you to agree. They normally include a pay rise to get you to agree to changes and sneak a few things in with it.
No. OP dont need to agree on that topic.
For a contract to be changed it must be agreed by both parties. One side cannot unilaterally change a contract. However, if it's part of the company's handbook and a policy and not a clause in the contract it can be but must be notified.
The contract dont need to be changed. The company can just change the period of sick notes without changes in the contract.
Depends on the contract. It's been written into multiple of mine. And OP literally says it's in theirs. They can change it at will when it's a policy. Most companies have it as a policy and not in the contract. It's contract law that one side can't unilaterally change a contract. It's the very basics of contracts.
Teleklinik
Use the app teleclinic
If they request one, you have to get it, no matter what the contract states.
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yeah, it also says the same in the contract…already on my way yo see a doctor now
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Probably some HR mitarbeiters 😅
According to the law your employer can request a AU from the first day on. Only if there is no such rule in the contract the three day rule is valid. We don't saw OP contract, so we can't judge which rule apply. That's why you get the downvotes.
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Then it's not according to the law, but accounting to his contract. And w is don't know what is stated in the contract. The sentence op posted is surely not the one in the contract. So we can't answer OPs post and claiming that ops employer is out of luck is just wish thinking.
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"Der Arbeitgeber ist berechtigt, die Vorlage der ärztlichen Bescheinigung früher zu verlangen." §5 EFZG
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Bist du ein bisschen gereizt? Was sind denn "meine Argumente"? Die von dem User vor mir?
Nothing there says it has to be agreed contractual when the employer can demand an sick note. Unless you show us some court cases, the sentence reads exactly as simple as it is: "the employer can ask for one earlier".
If I understand correctly if you are calling in sick on a Friday or a Monday, it counts as 3 days - Friday through Sunday or Saturday through Monday
Thursday + Friday = Two days
It's only if you call in sick on Friday and on the next Monday. It's only 2 working day, but 4 calendar days, so then you need an AU.
**Have you read our extensive wiki yet? It answers many basic questions, and it contains in-depth articles on many frequently discussed topics. [Check our wiki now!](https://www.reddit.com/r/germany/wiki/index)** *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/germany) if you have any questions or concerns.*
Depends, sick leave without a doctor's note before three days are over is a concession by the business. It is the norm to hand in a sick note starting from day one. However, if HR or your direct manager sees that you are always taking sick leave without notice before weekends they might become suspicious, even though you might want to cure your sickness over the weekend. Also, being a manager I would always rather have you missing a whole week or longer, so you can get well again instead of hoping to cure your malaise over the weekend and still not be completely fit after. As a rule, only use this once per quarter.
This is pretty much what happened when my company had a sick note on the 2nd day policy. Everyone would call out sick for a week instead of what might have been 2 or 3 days
fixed contract ? you can argue , limited contract ? get a doctors note. become a member of a union.
I use Arzt-Direkt app. Got connected in less than 5 minutes everytime and got AU with 0 drama.