[Germany] Partial incapacity for work takes effect in 2028

In Germany, the Act on the Stabilisation of Contribution Rates in Statutory Health Insurance will introduce partial incapacity for work into German social security law for the first time, DLA Piper reports.

With their doctor's confirmation and their employer's consent, employees expected to be unfit for work for more than four weeks may work at 25 per cent, 50 per cent or 75 per cent of their regular weekly working hours.

Employers are reportedly not obliged to agree to this form of partial work. Should they decline or fail to respond in time, the employee will remain fully incapacitated and retain full sick pay entitlements.

According to DLA Piper, employers must pay pro rata remuneration for the work performed. Continued remuneration during sickness will apply on a proportional basis without extending the statutory maximum period.

The Act introduces no statutory right to have a workplace adapted or created to accommodate partial work.

Parts of the Act came into force on July 30, but the provisions on partial incapacity for work and associated measures will reportedly take effect from January 1, 2028.

Source: DLA Piper

In Germany, the Act on the Stabilisation of Contribution Rates in Statutory Health Insurance will introduce partial incapacity for work into German social security law for the first time, DLA Piper reports.

With their doctor's confirmation and their employer's consent, employees expected to be unfit for work for more than four weeks may work at 25 per cent, 50 per cent or 75 per cent of their regular weekly working hours.

Employers are reportedly not obliged to agree to this form of partial work. Should they decline or fail to respond in time, the employee will remain fully incapacitated and retain full sick pay entitlements.

According to DLA Piper, employers must pay pro rata remuneration for the work performed. Continued remuneration during sickness will apply on a proportional basis without extending the statutory maximum period.

The Act introduces no statutory right to have a workplace adapted or created to accommodate partial work.

Parts of the Act came into force on July 30, but the provisions on partial incapacity for work and associated measures will reportedly take effect from January 1, 2028.

Source: DLA Piper