Krankmeldung: Wie sich Arbeitgeber gegen Blaumacher wehren können

The article discusses the issue of employees faking sickness to avoid work in Germany. According to data from the Techniker Krankenkasse, the average number of sick days taken by German employees between January and November 2025 was 18.6, compared to only 13 days in the entire year of 2021. However, it is unclear how many of these instances are genuine illnesses and how many are employees "making blue" by pretending to be sick.

A survey by the opinion research institute Yougov found that over one in four people have lied about being sick at least once. A study by the health insurance company Pronova BKK revealed that 60% of employees have faked being sick at some point, even when they felt fine. One in seven employees do this frequently. If an employee is found to be sick while actually fit to work, the employer must take it seriously.

Both two labor law specialists explained the legal options employers have against such "sick fakers." Employees must inform their employer immediately about their inability to work and how long the inability is expected to last. They can use phone, email, SMS, WhatsApp or other messenger services for this. An inability to work certificate (AU) is required only if the absence lasts longer than three days.

However, the German government is considering tightening this rule, so that an AU could be required from day one. Despite this, employers can already request an AU before three days have passed once the doctor has issued it. Legally, this is still not yet decided. Until then, employers can still request an AU after three days. An employee must also behave in a way that does not hinder their recovery, according to the expert.

The specifics of what that means in practice can vary. For example, someone with a broken arm can still go to the cinema or a restaurant. However, someone with the flu or a stomach bug should probably stay home. If no AU is presented, the employer has the right to deny payment. Some companies even continue to pay employees for six weeks.

In addition to unpaid wages, employers may also impose sanctions if an employee cannot prove their inability to work with a certificate, such as a warning or even dismissal. Signs of sick faking include announcing inability to work in advance, repeatedly faking being sick before or after vacation, weekends, or holidays, or an employee appearing at work while ill.

If an employer suspects an employee of faking, they can request an AU be investigated by the medical service of the statutory health insurance companies. However, this can take several days or even weeks. In some cases, employers may even consider hiring a private detective to uncover potential fake illnesses. However, caution is advised as private detectives can be expensive and time-consuming.