{"id":9595,"date":"2026-07-03T23:43:09","date_gmt":"2026-07-03T21:43:09","guid":{"rendered":"https:\/\/personalleasing-osteuropa.de\/?page_id=9595"},"modified":"2026-07-12T10:41:28","modified_gmt":"2026-07-12T08:41:28","slug":"labor-law-and-temporary-work","status":"publish","type":"page","link":"https:\/\/personalleasing-osteuropa.de\/en\/wissen\/arbeitsrecht-zeitarbeit\/","title":{"rendered":"Labor Law: Temporary Work \u2013 Rights in Case of Illness, Termination, and the Temporary Employment Act (A\u00dcG)"},"content":{"rendered":"

If you get sick while working as a temporary employee, you\u2019ll want to know whether your temp agency provides coverage. So what rights do you have as a temporary employee if you get sick? Here, we explain the rights of temporary employees in the event that you get sick. We\u2019ll take a closer look at topics such as reporting sick, continued pay during sick leave, and protection against termination. In this article, you\u2019ll learn why your health should never be a source of uncertainty in your temporary employment relationship.<\/p>\n<\/div><\/div>

How do you properly report sick leave when working as a temporary employee?<\/h2>\n

If you get sick, the first thing you need to do is notify your employer\u2014that is, the staffing agency, not the client company. It\u2019s best to notify the staffing agency by phone and then follow up with an email. Also notify the client company so they are aware of the situation and can potentially reassign your tasks to colleagues internally. Often, the staffing agency will also notify the client company.<\/p>\n

Remember: Punctuality and reliability are also expected when you call in sick. This shows your employer that you know your rights and responsibilities and take them seriously.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

What information must you provide to the hiring company, and when is a medical certificate required?<\/h2>\n

In Germany, all employees must submit a doctor's note no later than the third day of illness. Some companies require it as early as the first day of illness. Be sure to submit the doctor's note to the staffing agency by the deadline.<\/p>\n

\n\n\n\n\n\n\n\n\n
Obligation<\/th>\nRecipient<\/th>\nTime<\/th>\n<\/tr>\n<\/thead>\n
Sick Leave<\/td>\nTemporary staffing agency<\/td>\nImmediately on the first day of illness<\/td>\n<\/tr>\n
Information about Absences (optional)<\/td>\nBorrower<\/td>\nAs early as possible<\/td>\n<\/tr>\n
Medical Certificate (AU)<\/td>\nTemporary staffing agency<\/td>\nStarting on the 3rd day (or earlier)<\/td>\n<\/tr>\n
Electronic Transmission of Sick Leave Data<\/td>\nEmployers through Health Insurance Companies<\/td>\nSince 2023<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

Since 2023, health insurance providers have often been sending sick leave data electronically directly to the employer. However, please make sure this has actually been done. This overview shows you what to do if you become ill and helps you avoid misunderstandings with the staffing agency and the client company.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

Are temporary workers entitled to continued pay in the event of illness?<\/h2>\n

Temporary workers generally have the same right to continued pay in the event of illness as other employees. The legal basis for this is the Continued Pay Act. However, there is a special provision: During the first four weeks, the temporary staffing agency is not required to continue paying your salary if you are sick.<\/p>\n

This four-week period is governed by Section 3 of the Continued Pay Act. In this case, your statutory health insurance will cover you. It will pay your salary for these four weeks so that you are not left without income, since the temporary staffing agency does not pay you during this time. You will receive sick pay starting on the first day of your illness in accordance with statutory provisions, ensuring that you are financially secure.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

Employment Law \u2013 How Long Are You Paid If You're Sick, and Who Takes Over After That?<\/h2>\n

If you become ill, you are entitled to pay after the four-week period has expired. This applies to a sick leave period of up to 6 weeks. During your sick leave, your temporary staffing agency\u2014that is, your employer\u2014must pay you your full net salary, just as if you were actually working. In effect, this means that for up to six weeks of your sick leave, you will be paid your net salary without any deductions.<\/p>\n

Maximum duration of continued pay: up to six weeks per instance of illness
\nResponsible for payment: Your staffing agency, as your official employer, regardless of the industry in which you are assigned
\nBasis for calculation: Average earnings over the last 13 weeks
\nAfter that: Sick pay from the health insurance provider (usually about 70 % of gross pay)<\/p>\n

If your illness lasts for more than six consecutive weeks, your salary payments will be suspended. You will then continue to receive sick pay from your health insurance provider (usually about 70 % of your gross income). This provision applies to both temporary and permanent employees.<\/p>\n

Who Pays in Case of Illness: The Temporary Employment Agency or the Client Company?<\/h3>\n

If you become ill, your salary is paid by your employer, the temporary staffing agency (the staffing provider). Under the contract with the temporary staffing agency, it is your legal employer. You do not receive a salary from the company where you are actually working (the client company); instead, the staffing agency pays a fee for the hours you work. So if you get sick, the staffing agency is responsible for paying your salary, not the client company.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

What are the rules regarding continued pay in the temporary staffing industry?<\/h2>\n

The following points outline the conditions that apply to temporary work in the event of illness. Industry-specific considerations are also taken into account:<\/p>\n