Employment & Labour Law · Germany
Find a sick leave lawyer in Germany for illness-related work disputes
Long or repeated sick leave can raise hard questions about your pay, your certificate and your job. German employment disputes go to the labour courts and are governed by short statutory deadlines. Tell us what happened and we match you with a lawyer who handles these cases.
- Lawyers practising in German employment and labour law
- Plain-English guidance on deadlines, costs and legal aid
- Free, no-obligation matching within 24–48 hours
Free matching · No obligation · You choose who to instruct
Get matched with a lawyer
Tell us about your situation and receive a free, confidential case review.
Why this page
Sick leave problems at work, explained from a German perspective
Illness and work rarely stay separate for long. If you are off sick for weeks, if your employer questions your medical certificate, reduces your pay or ends your employment, you need a clear view of where you stand under German law — and quickly, because employment disputes here run on short statutory deadlines. A sick leave lawyer in Germany works within the labour court system (Arbeitsgerichte), one of the country’s five specialised jurisdictions, and knows how evidence of incapacity, pay claims and dismissal claims fit together. Legal fees in Germany are largely fixed by statute under the RVG, so you can assess the financial risk before you start, and legal aid for court proceedings (Prozesskostenhilfe) is available in labour matters for those who qualify. We match you with the right lawyer at no cost.
The German framework
How sick leave disputes are handled in Germany
Germany separates employment disputes from ordinary civil litigation: they are heard by the labour courts (Arbeitsgerichte), a specialised branch of the judiciary with its own procedural practice. When illness meets work, two things usually decide the outcome — the evidence of your incapacity and the deadlines attached to any claim you want to bring. This is how the system looks from a client’s point of view.
Labour courts, not ordinary civil courts
Employment disputes in Germany belong to the labour courts (Arbeitsgerichte), one of five specialised jurisdictions alongside the administrative, social and fiscal courts. The ordinary civil track — local courts (Amtsgerichte), regional courts (Landgerichte), higher regional courts (Oberlandesgerichte) and the Federal Court of Justice (BGH) — deals with other civil claims. The correct forum follows from the nature of your case.
The three-week deadline after a dismissal
If an illness leads to a dismissal, a claim that the dismissal is legally ineffective must reach the labour court within three weeks under Section 4 of the Protection against Dismissal Act. That period runs from receipt of the notice and is extremely short. If you were dismissed while absent, the date on the letter should be checked immediately.
Who may represent you before a court
German procedural law requires lawyer representation before the regional and higher regional courts, and at the Federal Court of Justice only specially admitted lawyers may appear (Section 78(1) ZPO). In most family-law matters before the local court a lawyer is also mandatory, while in other civil claims before the Amtsgericht parties may generally represent themselves. Representation rules vary by branch of the judiciary.
Costs are largely fixed by statute
Court fees are set by the Court Fees Act (GKG) on a fixed scale tied to the amount in dispute, while lawyer fees follow the Lawyers’ Remuneration Act (RVG), which fixes a rate for each procedural step. In civil litigation the losing party generally bears the court fees and the opponent’s statutory lawyer fees (Section 91 ZPO). Hourly or success-based fees are permitted only within narrow statutory limits.
Legal aid can cover a labour case
Prozesskostenhilfe is available for civil, labour, administrative, social and fiscal proceedings to parties who cannot afford the costs. It covers court and lawyer fees subject to an income and personal-circumstances test, with repayment if your circumstances improve. It is not available to criminal defendants or to debtors in insolvency proceedings. Advisory assistance (Beratungshilfe) covers out-of-court advice.
How far back can you claim?
The regular limitation period for most civil claims in Germany is three years (Section 195 BGB), running from the end of the year in which the claim arose and you knew, or ought to have known, of the facts and the debtor’s identity (Section 199 BGB). Longer special periods exist for certain claims, so calculating arrears or pay differences is fact-sensitive.
Key time limit — Employment Law
Employment dismissal claim — 3 weeks. The claim must be brought within three weeks of receiving the written dismissal notice.
Country information on this page is taken from official German and European Union sources — the e-Justice Portal, the German federal legislation database gesetze-im-internet.de and the Bundesrechtsanwaltskammer — reviewed at the time of publication.
- European e-Justice Portal — National justice systems: Germany
- European e-Justice Portal — Legal aid in Germany
- Section 78(1) ZPO — mandatory lawyer representation
- Section 4 KSchG — three-week deadline for dismissal claims
- Section 195 BGB — standard three-year limitation period
- Section 1566 BGB — divorce after one year of separation
- Section 1944 BGB — disclaimer of inheritance
- Section 573c BGB — residential tenancy termination notice
- Section 70 VwGO — administrative appeal period
- Bundesrechtsanwaltskammer (BRAK) — German federal bar
Common situations
When illness turns into a legal problem
These are the situations clients most often bring to us.
Your employer disputes your sick note
You hand in a medical certificate and your employer questions it, asks for further evidence or treats your absence as unexplained. German law places weight on proper documentation, so how and when your incapacity is certified can shape the entire dispute.
Pay stops while you are off sick
Being ill should not mean losing income, yet claims for continued payment are often rejected or settled late. Because German court and lawyer fees follow statutory scales, you can find out what a claim would cost before deciding whether to pursue arrears.
You are dismissed during sick leave
A dismissal while you are ill is legally possible in principle, but it can be challenged — and the window is only three weeks from receipt of the notice. Missing that deadline normally ends the claim, so acting quickly matters enormously.
How we help
Why clients use our matching service
We do not give legal advice. We put you in touch with lawyers who do — quickly and without charge.
Lawyers who practise in the labour courts
German employment disputes are heard by the labour courts (Arbeitsgerichte), a specialised branch of the judiciary with its own procedural practice. We match you with lawyers who work in this field and understand how illness-related cases are argued there.
Clarity on the three-week deadline
Where a dismissal is involved, the claim must normally reach the labour court within three weeks of receipt. Your matched lawyer will check the dates on your documents and tell you plainly whether a claim is still possible.
Transparent, statutory fees
German lawyer and court fees are largely fixed by statute under the RVG and the GKG, so the cost of a case is predictable rather than open-ended. You receive an explanation of the likely expense and of whether Prozesskostenhilfe could cover it.
One enquiry, several specialists
You describe your situation once and we identify lawyers who handle sick leave and employment matters in your region, including the major cities. You decide who to instruct, and the matching itself costs you nothing.
Across Europe
We also match lawyers in other European countries
Our network covers legal professionals in the countries below, so you can find help whether you work in Germany or across a border.
FAQ
Sick leave and employment law in Germany: common questions
What does a sick leave lawyer in Germany actually do?
A sick leave lawyer in Germany advises on the employment-law side of illness: how medical certificates are treated at work, disputes over continued payment of wages, and dismissals that arise while you are absent. They also handle the procedural side — which court hears the matter, what it costs and which deadlines apply. We match you with a lawyer who handles these cases.
Which court hears illness-related employment disputes in Germany?
Employment disputes go to the labour courts (Arbeitsgerichte), one of Germany’s five specialised jurisdictions alongside the administrative, social and fiscal courts. The ordinary civil courts — Amtsgerichte, Landgerichte, Oberlandesgerichte and the Bundesgerichtshof — deal with other civil claims. Which court is competent therefore depends on the legal nature of your case.
Is there a deadline to challenge a dismissal in Germany?
Yes. Under the German Protection against Dismissal Act a claim that a dismissal is legally ineffective must be brought within three weeks (Section 4 KSchG). That period runs from receipt of the notice and is not generous. If you were dismissed while on sick leave, have the date on the letter checked immediately, because a late claim is normally lost.
How much does a lawyer cost in Germany?
Lawyer fees are set by the Lawyers’ Remuneration Act (RVG), which fixes a rate for each procedural step based on the amount in dispute, and court fees follow the Court Fees Act (GKG) on a comparable scale. In civil litigation the losing party generally bears the court fees and the winner’s statutory lawyer fees. Hourly or success-based fees are permitted only within narrow statutory limits.
Can I get legal aid for an employment case?
Prozesskostenhilfe is available for civil, labour, administrative, social and fiscal proceedings to parties who cannot afford the costs. It covers court and lawyer fees subject to an income and personal-circumstances test, with repayment if your circumstances improve. It is not available to criminal defendants. Advisory assistance (Beratungshilfe) can cover out-of-court advice.
Do I need a lawyer to appear before a German court?
It depends on the court. Before the regional and higher regional courts and the Federal Court of Justice, representation by a lawyer is mandatory, and only specially admitted lawyers may appear at the BGH. In most family-law matters before the local court a lawyer is also required, while in other civil claims before the Amtsgericht parties may generally represent themselves.
Next step
Speak to a lawyer about your sick leave case
Describe what happened in a few lines — how long you were off, how your employer responded, and whether a dismissal is involved. We match you with a lawyer in Germany who handles illness-related employment matters. The matching is free and you are under no obligation to instruct anyone.