Waiting days in the event of illness – what does that mean?
A waiting day refers to a period during which an employee is sick but does not receive continued pay. While many countries – including Spain, Greece and Sweden – have waiting days in the event of illness, there is currently no statutory waiting period for illness in Germany.
Instead, the Continued Remuneration Act (EFZG) stipulates that employers must continue to pay wages for up to six weeks in the event of illness if there is a demonstrable incapacity to work and it was not caused intentionally or by gross negligence. After that, the statutory health insurance takes over with the sick pay.
The introduction of a waiting day in Germany has not yet been regulated by law, while other countries rely on different models. But is it worth comparing with other countries?
Waiting days internationally: How other countries regulate it
A glance across national borders shows that waiting days are handled differently internationally (source: Focus online):
- Sweden: There is a waiting period on the first day of illness, during which no salary is paid. From the second day of illness, the employer covers 80 percent of the salary.
- Denmark: Continued pay is regulated by collective agreements. However, there are often waiting days for short-term illnesses.
- Great Britain: Statutory Sick Pay (SSP) only applies from the fourth day of illness. There is no pay for the first three days of illness (“waiting days”).
- Ireland: There is no legal entitlement to continued pay by the employer; instead, there is state sick pay after a waiting period.
- Austria: Similar to Germany – employees are entitled to continued pay in the event of illness from the first day of illness.
These examples show that waiting days are organized differently internationally and often have cultural as well as economic reasons.
Advantages and disadvantages of a waiting day in Germany
The discussion about the introduction of waiting days in the event of illness has been reignited by various stakeholders. While employers support the idea, there is also strong criticism.
Advantages of a waiting day
✅ Reducing absenteeism in the company: A sick day could reduce short-term illnesses, especially for “blue days”.
✅ Reducing costs for employers: Companies would be financially relieved because they would not have to immediately pay for every sick day.
✅ Alignment with international standards: Many European countries already have sick days for illness, Germany could align itself.
Disadvantages of a waiting day
❌ Burden on employees: Low-wage earners in particular would be financially burdened by the loss of a day's salary.
❌ Health risks from presenteeism: Employees could go to work despite being ill, leading to higher sick leave rates and the spread of disease.
❌ Legal challenges: An introduction would have to be coordinated with existing labor law regulations on sick leave and sick pay.
Economic impact and industry-specific outlook
The economic effects of a waiting day in Germany are controversial. Companies could benefit in the short term, but in the long term there could be negative consequences for productivity.
Industry-specific risks
- Healthcare and nursing: Risk of employees dragging themselves to work despite illness, which increases absenteeism in the company in the long term.
- Logistics & production: Higher workload for the workforce due to additional work absences.
- Office jobs: Less impact as working from home can be an alternative.
On the other hand, companies could benefit from reduced sick leave if employees only report sick when they are actually ill. But whether the economic benefits outweigh the risks remains uncertain.
Conclusion: Does Germany need a waiting day?
In Germany, there are currently no statutory waiting days, but the debate about introducing them continues. While companies would benefit from a reduction in labor costs, there are significant risks, especially for employees.
So far, the model of continued pay for sick days has functioned relatively stably without waiting days for sick leave. However, it remains to be seen whether it will endure in the long term or whether Germany will adapt more closely to international regulations.
