Germany's Workplace Overhaul: Spousal Health Surcharge, Sick-Note Crackdown, and Self-Employed Mother Support All on the Table

Nearly 16% of German employees skip mandated rest breaks; government tightens sick notes, adds family insurance surcharge, and debates educational leave and self-employed maternity benefits.

Nearly one in six German employees regularly fails to get the legally required 11-hour rest break between shifts, according to a 2023 survey by the Federal Institute for Occupational Safety and Health (BAuA). The finding, which shows 16 percent of workers report violating the daily rest period at least once a month, compounds longstanding concerns: back in 2018, more than a third of employees—36 percent—said they frequently skipped their breaks altogether. Experts warn the pattern raises the risk of psychosomatic complaints and workplace accidents.

Advertisement

Workplace health risks go beyond missed breaks—they can also stem from inadequate safety documentation, which leaves employers exposed. UK businesses face significant penalties when key health and safety records are missing or out of date. A free Health & Safety Toolkit provides ready-to-use risk assessments, checklists and templates to help you stay compliant with regulations such as the Health & Safety at Work Act. Download the free Health & Safety Toolkit

Meanwhile, employees face a tightening of rules on the other end of the health spectrum. Federal Health Minister Nina Warken plans to ban sick notes issued by private online platforms that involve no direct contact with a physician. Video consultations with a patient's regular GP remain permitted, but the earlier option of obtaining a sick note by phone has already been eliminated. Starting from the first day of illness, a medical certificate will be mandatory. And from 1 January 2028, a partial sick-leave system is set to begin: workers can declare themselves 25, 50 or 75 percent unfit for duty and work the remaining hours—but only with their employer's explicit consent.

On the cost side, one of the biggest shifts targets family insurance in the statutory health system. The free dependent coverage for spouses will disappear. From 2028, a surcharge of 2.5 percentage points will apply to the insured spouse's contribution income. Projections show the move could relieve the system by as much as €38.1 billion by 2030.

A separate political battle is playing out over paid educational leave in Saxony. The state parliament approved a right to three days of paid leave—backed by a popular initiative signed by more than 55,000 people—back in February 2026, with the law due to take effect on 1 January 2027. But employers' president Jörg Brückner is now demanding the measure be suspended before it even starts. The business lobby argues the timing is wrong and is pushing for a postponement.

A new study from the West German Chamber of Crafts Association (WHKT) shines a spotlight on the situation of self-employed mothers. Researchers surveyed over 900 female business owners and found that, on average, women return to their companies just 13.1 weeks after giving birth. To address the gap, the authors propose a three-part financing model: a basic maternity compensation of €5,000, an income-based top-up that could bring benefits up to 100 percent of net earnings, and a business support grant of up to another €5,000. The total annual cost is estimated at roughly €325 million. Two funding options are being debated: a levy on self-employed individuals of between €6.25 and €7.52 per month, or a tax-funded approach costing each citizen €0.27 to €0.32 annually.