Krankmeldung: Wie sich Arbeitgeber gegen Blaumacher wehren können

In Germany, the sick leave statistic has recently slightly decreased, but the overall number of work absences due to sickness remains high, according to the Techniker Krankenkasse data. In January to November 2025, German employees took an average of 18.6 sick days per employee, whereas in the entire year 2021, it was only 13 days.

However, determining which of these cases are genuinely sick and which are "blue-collar" instances – claiming to be sick without being truly ill – remains unclear. A YouGov survey last year found that more than a quarter of respondents admitted to falsifying sick leave at some point. A recent Pronova BKK study showed that 60% of employees had claimed sick when they were actually well, with 7% doing so frequently.

If an employee repeatedly claims sickness despite being capable of working, the employer must not accept it. Two labor law specialists outline the legal options employers have against such "sick feigners". Employees must inform their employer immediately when sick, as well as the expected duration of their inability to work. This can be done via phone, email, SMS, WhatsApp, or other messaging services.

An sickness certificate (AU) must be presented only if the absence lasts longer than three days. The federal government is currently considering tightening this rule, but it has not been legislated yet. Despite this, employers can request an AU from employees even before the three-day deadline. As of 2023, legally insured employees have their AU directly forwarded to the employer by the health insurance company once the doctor has issued it.

An employee must also behave in a way that does not hinder their recovery, which can vary from case to case. For example, one may visit a cinema or restaurant with a broken arm but should stay home with flu or gastroenteritis. If no AU is presented, the employer can take action. According to labor law expert Markus Bohnau, an employer can contest an AU if there are reasonable doubts about its accuracy.

These could include instances where employees inform their employer about their inability to work in advance due to a rejected vacation request or a dispute with a manager, or when employees continue to claim sickness shortly before or after holidays, weekends, or public holidays. If an employer catches an employee engaging in unwell behavior, such as going to a party while claiming sickness with a flu, it can also lead to consequences.

A work absence marked by suspicion of "blue-collar" behavior can have far-reaching implications and may even result in extraordinary dismissal. However, proving that an employee falsely claimed to be sick when they were not can be challenging, especially when an AU is presented. The medical service of statutory health insurance companies can check the validity of the AU and order an investigation of the employee, but this can take several days or even weeks, making it difficult to verify the employee's actual state of health.

Another option is to hire a private detective to uncover potentially falsified illness, but this requires caution. Employers should avoid taking any steps that may infringe upon the employee's rights.