A first draft law for part-time sick leave was already discussed in Germany in 1984. The basic idea back then was to break down the rigid dichotomy between “being able to work” and “being unable to work” and to enable employees to gradually return to work.
More than four decades later, the concept could now be put into practice. To this end, the federal government passed a corresponding draft law at the end of April. What do the federal government’s plans specifically provide? What does partial incapacity for work or part-time sick leave mean? When and for whom does it apply and what do employers and human resources managers have to take into account? The article answers the most important questions about partial sick leave.
How is incapacity for work currently regulated?
So far, a so-called “all-or-nothing” principle still applies: employees are either able to work or unable to work. German law does not currently provide for an official partial sick note.
With the gradual reintegration (SWE), also known as the “Hamburg model”, there is already an option to gradually return to work. However, employees are still considered to be on sick leave and are gradually brought to full working capacity under medical supervision.
In contrast, the planned part-time sick leave would, for the first time, allow employees to officially only work part-time during an existing illness and reduce their performance accordingly. However, an employer may not unilaterally ask or even oblige an employee who is unable to work to work.
What is the planned part-time sick leave?
As part of its health reform for statutory health insurance, the federal government passed a draft law to introduce part-time incapacity for work on April 29, 2026 as part of the GKV Contribution Rate Stabilization Act. The background to the cabinet decision is the sharp increase in health insurance spending and the debate about high sickness rates.
A new step-by-step model for incapacity to work is therefore planned. Unlike before, a distinction should no longer only be made between those who are able to work and those who are unable to work. Instead, there should be a greater differentiation between different health conditions in the future. Depending on the doctor’s assessment, employees could remain partially able to work instead of completely withdrawing from everyday working life. For this purpose, graduated models are planned in which work performance can be reduced to 25, 50 or 75 percent of regular weekly working hours.
According to the draft law, the aim of partial incapacity to work is to offer people more flexibility during long-term illnesses or in the recovery phase. If their health permits and they feel able, they should be able to resume their work on a reduced scale early and voluntarily. Employees could then work for a few hours per day, for example, despite illness.
Can the employer refuse part-time sick leave?
The current draft law stipulates that part-time sick leave should in principle be possible for those with statutory health insurance, provided that there is a medically diagnosed inability to work. In practice, this regulation is aimed primarily at employees who have limited health but can still carry out certain activities and feel able to do so.
Which requirements must be met?
Part-time sick leave should be possible, especially for longer and “not just minor illnesses”. A non-minor illness occurs if, due to the nature, severity or expected duration of the illness, an inability to work for more than four weeks is to be expected.
The possibility of partial sick leave exists if:
- employees feel able to work to a reduced extent due to their health,
- the treating doctor determines partial incapacity to work,
- the employer agrees to the partial start of work. It is also based on the employer’s voluntary nature.
When should part-time sick leave apply?
Part-time sick leave is not yet in effect. So far, only the federal government’s cabinet decision has been made; the actual legislative process is still pending. Both the Bundestag and the Bundesrat still have to approve the reform. Changes to the content are possible later in the process. A specific date is not yet available.
Examples: Which illnesses are eligible for part-time sick leave?
The federal government’s draft law lists, among others, the following illnesses that can fall under part-time illness:
- mental illnesses,
- diseases of the musculoskeletal system,
- Oncological diseases (especially during or after stressful phases of therapy)
It is important to note that these are examples. Whether there is partial incapacity to work in an individual case and to what extent work can be done is always decided by the treating doctor and depends on the patient’s respective health situation.
Part-time sick leave: What do employers have to check within seven days?
The regulation is initially voluntary: insured persons must expressly agree to part of their work during their existing incapacity to work. The employee then informs the employer of their wish for partial incapacity to work.
This checks within seven calendar days whether the specific workplace is suitable for restricted activity. He must actively communicate the result of this test. If the company does not respond within the deadline, the job is automatically considered suitable.
If the employer refuses to allow you to take part in work, you will be left with complete incapacity for work as determined by a doctor. In this case, partial sick leave does not apply.
Continued payment of wages and sick pay: What changes in payroll accounting?
In principle, the provisions of the Continuing Remuneration Payment Act should remain unaffected by the introduction of part-time sick leave. This is what the draft law says. This means that even if you are on sick leave part-time, your employer will continue to pay your salary in the first six weeks of illness. Only then does the statutory health insurance sickness benefit take effect. This applies regardless of whether there is partial sick leave or not.
After six weeks of illness there is usually sick pay. In the case of partial sick leave, the sick person would receive a proportionate salary from the employer. In addition, a pro-rata sick pay, so-called partial sick pay, should be paid for absence due to illness.
Which IT and payroll systems need to be adapted?
The introduction of partial incapacity for work primarily involves organizational and administrative adjustments for employers. The draft law sees a need for adjustments for employers and HR in the following areas:
- Adjustment of reporting and contribution procedures: Companies must expand their processes for reporting incapacity to work accordingly.
- Adjustment of payroll systems: Payroll programs must be able to technically reflect the new gradation (25/50/75 percent work ability).
- Testing the operational capability in the company: Employers must assess on a case-by-case basis whether a workplace is suitable for partial work during illness.
- Consent of the employer: Part-time sick leave requires the employer’s consent, as the specific design of the activity and its integration into operational processes is his responsibility.
- Classification of effort: The additional administrative effort arises especially at the beginning of the introduction (setting, IT adjustments).
Mara Marx is a volunteer at Human Resources.
