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Emergency

A backdated sick note: is that possible?

You were ill but only went to the doctor a few days later? Then the question arises whether the certificate of incapacity for work (AU) also applies to the days that have passed. Backdating is only possible in exceptional cases.

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In principle, incapacity for work is certified from the day of the medical assessment. A retroactive sick note is only possible in exceptional cases, as a rule for at most three days, if the doctor can reliably judge, based on the examination, that the incapacity for work already existed before.
Regardless of the sick note, you must report sick to your employer without delay, ideally on the first day of illness, before the certificate is available.

What you should do now

  1. 1

    1. Report sick immediately

    Report sick to your employer without delay, regardless of the doctor's appointment.

  2. 2

    2. See a doctor promptly

    Go to the doctor as early as possible; then a (short) retroactive sick note is more likely to be possible.

  3. 3

    3. Raise the backdating

    Describe to the doctor when the symptoms began; the doctor decides on a retroactive assessment.

  4. 4

    4. Keep deadlines in view

    Note from when your employer requires a sick note (often from the 4th day, sometimes earlier).

Frequently asked questions

Can the doctor put me on sick leave retroactively?

Only in exceptional cases. Incapacity for work is in principle certified from the day of the medical assessment. Backdating is as a rule limited to at most three days and only possible if the doctor can reliably judge, based on the examination, that the incapacity for work already existed before.

What do I have to do if I only see the doctor later?

Be sure to report sick to your employer immediately; that is mandatory regardless of the doctor's appointment. Then go to the doctor as promptly as possible and describe how long the symptoms have existed. This makes a (short) retroactive sick note more likely. Note from which day your employer requires a sick note.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.