Homeoffice Rights, Time Theft Risks, and a 2027 Shift: Germany's Workplace Landscape Gets a Rewrite

Key rulings and law changes: partial incapacity certificates from 2027, homeoffice withdrawal requires justification, mouse jiggler risks dismissal, and parental leave protection clarified.

A doctor in Germany may soon write a sick note for just half a day—or three-quarters of it. Starting 1 January 2027, physicians can certify partial incapacity for work in increments of 25, 50 or 75 percent, but only for illnesses lasting longer than four weeks. The new rule, tucked into the GKV-Beitragssatzstabilisierungsgesetz passed by the Bundestag on 10 July 2026, requires the employer’s consent. If the employer objects, the employee remains fully signed off. Sick pay runs at full salary for the first six weeks; after that, a proportional Teilkrankengeld kicks in. The maximum benefit period of 78 weeks remains unchanged, though mini-jobbers and those with private health insurance are excluded.

Homeoffice: Once Given, Hard to Take Back

A separate ruling from the Arbeitsgericht Düsseldorf (case number 3 Ca 6587/25) has tightened the rules on remote work. Employers who have allowed homeoffice cannot simply withdraw it without a substantiated reason. The instruction must meet the standard of “fair discretion” — blanket formulations won’t cut it. For companies that introduced flexible working during the pandemic and kept it, the decision amounts to a permanent concession unless concrete operational or economic reasons justify reversal.

Time Theft and the Mouse Jiggler Trap

Manipulating time-recording systems or using devices like a “Mouse Jiggler” to simulate activity carries the risk of instant dismissal. But employers must tread carefully. A summary dismissal based on suspicion — a Verdachtskündigung — requires objective facts that point to a serious breach of duty. The employer has to investigate thoroughly, hear the employee, and involve the works council. The two-week deadline under § 626 of the German Civil Code runs strictly. Evidence increasingly comes from IT logs, access systems and electronic time recordings. The key is proof of intentional behaviour; minor deviations don’t suffice.

What Counts as Working Time?

The line between private errands and work remains fertile ground for disputes. The Federal Labour Court (BAG) has clarified that on-site walking times — for instance, from the time clock to the workstation — are compensable if the employer arranged them. Putting on mandatory protective gear also counts as working time. By contrast, “sham work” — pointless meetings, irrelevant emails — is not. Estimates indicate that 29 to 36 percent of employees regularly waste time due to poor self-management or misplaced priorities.

Parental Leave Protection Gets a Fine-Tune

A BAG decision on 18 June 2026 (case 2 AZR 213/25) reaffirmed that the special dismissal protection under § 18 of the Federal Parental Allowance Act is renewed before each individual parental leave period, even when several periods are filed in a single application. Employers must check carefully whether future leave phases have already been registered before issuing a notice of termination. The same court ruled on 7 May 2026 (case 2 AZR 184/25) that a registered letter dropped in the letterbox is not reliable proof of receipt if the postal scan occurred before the actual delivery. The employer bears the full burden of proof, making the method of serving invitations to the company integration management process (bEM) a potential landmine.

Political Debate: Productivity Over Shorter Hours

Parallel to the legal shifts, Saxony’s Minister-President Michael Kretschmer has called for a boost in productivity rather than a push for the 35-hour week, which he says no longer fits the economic reality. He also floated the idea of waiting days (Karenztage) for sick notes to curtail abuse by a minority. At the same time, he warned about rising care-home costs: the average monthly co-payment for a nursing home place now stands at around €3,000 — well above the typical pension level.