Waiting Days – No Pay for the First Three Days of Illness? GVN Legal Department Informs and Evaluates the Discussion

In light of "record sick leave" in Germany, Allianz CEO Oliver Bäte advocates for the reintroduction of the waiting day for sick notes. This would mean that employees would bear the costs for the first day of illness themselves, he told Handelsblatt. Economist Raffelhüschen demands in "Bild" that there be no wages for three days in case of illness.

According to reports of "record sick leaves" among German insured individuals, economists are calling for the introduction of a waiting day. | Photo: Allianz Deutschland AG
According to reports of "record sick leaves" among German insured individuals, economists are calling for the introduction of a waiting day. | Photo: Allianz Deutschland AG

The head of the GVN legal department, Benjamin Sokolovic, now comments on this in a contribution (here is Benjamin Sokolovic's contribution on YouTube). Allianz CEO Bäte stated in an article in the Handelsblatt that employees in Germany are sick for an average of 20 days per year, while the EU average is eight sick days. Employers in Germany thus pay 77 billion euros in salaries per year for sick employees. A further 19 billion euros come from the health insurance companies.

In view of these numbers, more and more economists are advocating for the reintroduction of waiting days. Nicolas Ziebarth from the Mannheim-based Leibniz Centre for European Economic Research (ZEW) told "Welt am Sonntag" that with reduced continued payment of wages, there would be fewer people calling in sick when they are not actually ill—"in other words, malingering." The waiting day was abolished in the 1970s. It currently still exists in Sweden, Spain, and Greece.

The DGB calls the proposals "deeply unfair," while IG Metall describes them as "outrageous and fatal, accusing employees of feigning illness." Those who bring waiting days back from the mothballs undermine social security and promote "presenteeism," i.e., coming to work while sick.

Firm Action Against Feigned Illness

The high rates of sickness in conjunction with numerous decisions by labor courts, where the evidential value of medical certificates of incapacity to work has been undermined, leave a bitter aftertaste in the economy. It is gratifying that more and more labor courts are taking firm action when illness is only feigned. This toxic mix leads to understandable demands for waiting days and the tightening of the existing legal situation. Detractors claim that the demand by the Allianz CEO is a "marketing gimmick" to cover the loss of income through supplementary insurance.

DAK Study Partly Attributes Increase in Sick Leave to Better Monitoring

According to a study by DAK, the reasons for the record-high sick leave are less about "playing hooky" and more about the introduction of electronic sick notes (eAU). Nowadays, all illnesses are recorded by health insurers, whereas during the time of the "yellow slip," insured persons often did not send the slip to the health insurance but only to the employer.

The GNV recently pointed out that none of the different parties' election programs for the parliamentary elections currently include the demand for waiting days.

The Chief Executive Officer and Head of the GVN Legal Department, Benjamin Sokolovic, addresses employer-related questions. The legal department can be reached at: sokolovic@gvn.de.

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