Retroactive sick leave?*

Is it possible to take sick leave retroactively?

In certain situations, it may be necessary to take sick leave retroactively. This may be due to a sudden illness that prevented you from seeing a doctor immediately, or because the symptoms were only recognized as serious after the fact. Here you can find out when and how a retrospective sick note is possible, what conditions must be met and what you need to bear in mind.

Abstract

• Retroactive sick leave is possible under certain conditions.
• A doctor must confirm the necessity of the sick leave.
• The maximum retroactive period is three days.
• It is important to inform the employer immediately.
• TeleClinic offers the opportunity to receive uncomplicated medical advice and sick notes online.

When is retroactive sick leave possible?

A retrospective sick note is possible if a doctor can subsequently confirm that the incapacity for work already existed before the doctor’s visit. As a rule, doctors are allowed to issue sick notes retroactively for up to three days. However, it is crucial that the doctor can clearly determine the start of the illness.

What requirements must be met?

• The doctor must be able to understand the symptoms and the course of the disease.
• The patient must be able to credibly explain why he or she did not consult a doctor earlier.
• The retroactive effect may not exceed three days.

How do I inform my employer?

If you have to take sick leave retroactively, it is important to inform your employer as soon as possible. It is best to let them know as soon as you realize that you are unfit for work. A phone call or e-mail may be sufficient to inform your employer. Then submit the sick note immediately.

What is the legal basis?

The legal basis for sick leave and its retroactive effect is regulated in the Continued Remuneration Act (EFZG). According to Section 5 (1) EFZG, the employer must be informed immediately of the incapacity for work and its expected duration. The employee is also obliged to submit a medical certificate by the fourth day of incapacity for work at the latest.

How can TeleClinic help?

With TeleClinic, you can receive a medical consultation from the comfort of your own home. Doctors can issue a sick note via the TeleClinic platform at their discretion. This is either forwarded digitally to your health insurance company or you can forward it to your employer. This is particularly helpful if you cannot make it to a local doctor in time.

What are the challenges?

One of the biggest challenges with retroactive sick notes is making the illness credible. The doctor must be able to ensure that the symptoms already existed before the visit to the doctor. This can be particularly difficult if there is no clear medical evidence.

Conclusion

A retroactive sick note is possible under certain conditions and can be issued retroactively for up to three days. It is important that you inform your employer of your incapacity for work as early as possible and submit the sick note immediately. With TeleClinic, you can obtain medical advice from the comfort of your own home. At the doctor’s discretion, you will receive a sick note via the app, which makes the process much easier.