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In Germany, the frequency of sick leave among workers remains high, with German employees taking an average of 18.6 days off between January and November 2025. In comparison, only around 13 days were taken during the entire year of 2021. However, it is unclear how many of these cases are genuine illnesses and how many are instances of "blue balling," where employees claim to be sick without actually being ill.

A survey by the opinion research institute Yougov found that more than a quarter of people have lied about their health status at least once. A study by the health insurance company Pronova BKK revealed that 60% of employees have at some point claimed to be sick when they were actually fit to work. Seven percent do this frequently, while half of the respondents admit to doing so sometimes or rarely.

When an employee repeatedly claims to be sick when they are actually capable of working, the employer cannot take it lying down. Two labor law specialists explain the legal options available to companies to deal with such "sick artists." An employee is required to inform their employer immediately when they are unable to work, along with the expected duration of their inability to work.

The employee must provide an illness certification (AU) if the absence lasts longer than three days. However, the government is considering tightening this rule, with the possibility of requiring an AU even from the first day. Despite this, employers can still request an AU before the three-day period expires, as stated by Kölner Rechtsanwältin Nathalie Oberthür.

Since 2023, legally insured employees receive the AU directly from their health insurance company to their employer once the doctor issues it. If an employee is marked absent, they must also behave in a way that does not hinder their recovery, depending on the case. According to the IG Metall union, visiting a cinema or restaurant with a broken arm is permitted, while someone with influenza or gastroenteritis should ideally remain at home.

No AU is provided? How can employers react? Employees receive their full salary for six weeks when they are sick. If they cannot provide an AU or prove their inability to work otherwise, the employer has the legal right to deny payment. Some companies continue to pay the salary. Additionally, employers can impose penalties for employees who cannot provide an AU, such as a warning or even termination.

Signs of sick-leave fraud: When can an employer question the validity of an AU? Employers can challenge an AU if there are reasonable doubts about its accuracy. This may occur if the employee has previously announced their inability to work due to factors like a rejected vacation request or a dispute with their supervisor. If the employee continues to claim to be sick just before or after a vacation, weekend, or holiday, the employer may suspect fraudulent activity.

If the employer catches the employee engaging in unwell behavior, such as attending a party while claiming to be sick with a cold, it can strengthen their case. If the employee resigns and continues to claim to be sick for the entire duration of the contract, the employer can take action. Suspected sick-leave fraud: What can companies do?

Employers can face significant consequences if an employee fakes sick leave, potentially leading to an extraordinary termination. The challenge for employers is proving that an employee claimed to be sick when they were not, especially when an AU is presented. The attending physician is usually reluctant to admit to any wrongdoing during the examination.

One option is to involve the medical service of the statutory health insurance funds, which can verify the accuracy of the AU and order an examination of the employee. However, this process can take several days or even weeks, making it difficult to verify the validity of the AU by then. Another option is to hire a private detective to uncover potential fake illnesses. However, employers should exercise caution, as this may lead to legal complications.