GERMANY’S NEW SICK leave laws would not work in Ireland, a business body representing employers has said. 

Workers in Germany can no longer take a single sick day without a valid medical certification under sweeping new rules brought in to revive the struggling economy.

The reforms mean workers need to provide a sick cert from the first day of illness, instead of the fourth day, as was previously required. The right of employees to get a sick note by telephone has also been scrapped in an effort to reduce absenteeism rates.

Announcing the reforms, German Chancellor Friedrich Merz said: “We know this is a tough decision. But we can no longer afford this competitive disadvantage caused by prolonged absences from work.”

A representative body for Irish businesses said implementing similar rules here would be an “exceptionally aggressive” way to solve absenteeism.

In Ireland, employees can generally take up to two days off without a sick note and are legally entitled to five days of paid sick leave per year.

A spokesperson for the Department of Enterprise told The Journal there are “no plans to review the sick leave legislation” at the moment, adding that the Department continues to keep the legislation under review to ensure it is fit for purpose.

Speaking to The Journal, James Mailley, head of sales and marketing at the Irish SME Association (ISME), said changing Irish policy in favour of Germany’s new rules would be like “cutting off your nose to spite your face”. 

He said some sectors in Ireland, such as hospitality, struggle with short-term absenteeism, but he said a policy like Germany’s would impact businesses’ ability to hire and retain staff. 

Mailley said he would be “really concerned” about the consequences of the change as it would act as a “disincentive” to enter the workforce for those living with long-term illness or for those with care obligations.

He also said there would be practical limitations to the policy, as GPs are “completely under pressure” already, which means employees may not be able to get an in-person appointment to get a sick note in the required time.

Mailley added that the change would put “unfair pressure on already strained GPs” by creating the need for appointments over relatively minor issues like colds.

“We’re keen and motivated to have policies that ensure we get maximum productivity, but at the same time we don’t want to make real obstacles,” he said.

“We’re always supporting ideas that could work effectively in the Irish context, but they have to be properly thought out.”

Mailley said that if Ireland were to implement a policy change around sick leave it can’t be a ‘one rule fits all’ approach, as different types and size businesses have different needs.