The sick note is a topic that affects everyone sooner or later – yet it harbors many uncertainties. Until when to report the illness, what the employer actually sees, when the sick note “takes effect,” and when problems begin – these questions often only arise when health suddenly fails. It is important to know the rules in advance, as in the case of sick leave, not only symptoms count, but also deadlines, the form of notification, and concrete obligations on both sides. This text organizes the most important aspects, without legal jargon, but with a focus on practice and real-life situations.
Sick Leave – Until When Must It Be Submitted?
When an illness occurs, the first duty is not to run around with documents, but to immediately inform the employer about the incapacity for work and its expected duration. This is very important – the obligation to report sick applies immediately, regardless of whether the documentation is paper-based or electronic. If the incapacity for work lasts longer than 3 days, a medical certificate must generally be submitted no later than the next working day after the third day. It is important to note that the employer can also demand such a proof document earlier – even from the first day of illness. In practice, this means it is advisable to check the work regulations or contract provisions, as they often contain detailed rules.
Since 2023, for those insured with statutory health insurance, the electronic system applies – the employee no longer needs to submit a paper-based sick note, as the data is transmitted to the employer via the eAU system. However, this does not waive the obligation to see a doctor and obtain confirmation of the incapacity for work. The form of data transmission has changed – from “bringing a document” to “employer retrieves data from the system.” However, if private insurance exists or a doctor is consulted who does not participate in the system, the traditional, paper-based submission of the certificate still applies. In summary – the deadline depends on the duration of the illness and the insurance status, but the sick leave should always be reported immediately.
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The Employer Has Doubts About the Sick Note – What Should the Employee Do?
It happens that the employer views the sick note with reservation – especially if the circumstances are atypical. It is important to know that the medical certificate has a very high evidential value and generally confirms the incapacity for work. This means that the employer cannot simply ignore it. To question its credibility, concrete facts must be stated that raise serious doubts about the illness. The mere conviction that “it looks suspicious” is not enough. Only when objective indications – such as contradictory behavior of the employee – are present, can the evidential value of the sick note be doubted.
If the employer successfully questions the evidential value of the sick note, the further burden of proof of the illness may revert to the employee. In practice, this means the need to present detailed information about the course of treatment and even to release the doctor from confidentiality in a court proceeding. This is already a serious level. Therefore, it is advisable to remain calm in case of doubts, collect medical documentation, and respond factually. Impulsive actions, avoiding contact, or lack of explanations can only deepen the conflict. It should also be remembered that an employer who withholds salary payment risks being obliged to pay the outstanding salary upon confirmation of the illness.
When Does the Sick Leave Begin?
The start of the sick leave is the date specified by the doctor as the beginning of the incapacity for work. The doctor – after examination – determines from when the incapacity for work exists. In the electronic system, this date is transmitted to the health insurance company and subsequently made accessible to the employer. In practice, the formal determination of the incapacity for work is thus of decisive importance, not the subjective feeling of a deterioration in health.
It should also be noted that the sick note can be marked as the first or continuation of a previous illness period. This distinction is significant for the entitlement to sick pay and the determination of the continuity of the incapacity for work. If even a short period of full work ability existed before the new absence, it can be treated as a new illness case. This means for the employee – not to manipulate the data and not to assume that the matter will resolve itself, as the system is based on concrete medical data that is transmitted electronically.
When Does the Employer Recognize Me as Sick?
From a legal perspective, mere information about the illness is not sufficient to justify the entitlement to payment. For a claim to sick pay to arise, formal confirmation of incapacity for work by a doctor is required. It is precisely this medical certificate – currently mostly in electronic form – that constitutes the only legally prescribed proof of incapacity for work. Only on this basis is the employer obliged to pay sick pay for the statutory period.
It is important that the electronic sick note does not contain any information about the diagnosis or the data of the doctor. The employer only sees the basic data: the period of incapacity for work, the date of determination, and the designation of whether it is the first or a further sick note. This means that privacy is protected, while at the same time the employer has limited possibilities to verify the details. Recognition as sick thus occurs at the moment when formal data confirming the incapacity for work are available and comply with the regulations.
When Is a Sick Note Required?
Not every absence automatically means the obligation to submit a sick note. If the illness is short and the employer does not request a document beforehand, the certificate only becomes necessary when the incapacity for work exceeds 3 days. At the same time, the employer has the right to request confirmation from the first day of absence. This right derives directly from the regulations and does not need to be additionally justified. Therefore, it is important to know the rules in place at one’s own workplace.
However, there are situations in which the electronic system does not work and the classic, paper-based confirmation returns – this affects, among others, privately insured individuals, treatments by private doctors, or abroad. In such cases, the obligation to submit the document remains unchanged. A sick note is also required when the illness extends beyond the originally specified period. In practice, this means one thing – if the illness lasts longer, do not wait passively, but contact the doctor again. The formalities in this area are specific, and failure to comply with them can lead to the suspension of salary payment.
A sick note is not only a formality but a concrete process based on clear rules, the knowledge of which provides calmness and a sense of control in a difficult illness moment. Knowing when and how the incapacity for work must be reported, what actually determines its recognition, and what rights exist in case of employer doubts, misunderstandings, and stress can be more easily avoided. The awareness of obligations on both sides ensures that the sick note is no longer a problem, but simply an element of health protection and professional security.
Maciej Wawrzyniak
In his private life, Maciej enjoys sporting challenges, playing the guitar, and swimming in the lake. He is also the proud father of three sons.
