The EU does not have a single sick leave directive that sets uniform minimum standards for paid sick leave — instead, sick leave is governed by a patchwork of EU directives (including Directive 2000/78/EC on equal treatment and Directive 2019/1158 on work-life balance) and national social security laws that vary significantly across member states. Some member states (e.g. Germany, France, the Netherlands) provide generous paid sick leave through employer-funded or social insurance schemes, while others (e.g. some Eastern European states) have minimal statutory sick pay. The EU framework sets principles (non-discrimination, minimum social security standards) rather than a uniform sick leave entitlement.
This guide covers the EU framework for sick leave, the key directives that apply, the national implementation differences, and the employer’s obligations across member states.
Key takeaways
- There is no single EU sick leave directive — sick leave is governed by national social security laws, with EU principles set by directives on equal treatment, social security coordination, and work-life balance.
- The EU Social Security Coordination Regulation (EC 883/2004) ensures workers moving between member states retain their social security entitlements, including sickness benefit.
- Directive 2000/78/EC prohibits discrimination on grounds of disability, including in access to sick leave and sickness benefit.
- Directive 2019/1158 (Work-Life Balance) introduces minimum standards for carers’ leave and compassionate leave that interact with sick leave.
- National sick leave schemes vary dramatically — from full salary for up to 6 weeks (Germany) to minimum sickness benefit for limited periods (some Eastern European states).
The EU framework
The EU’s approach to sick leave is principle-based rather than prescriptive:
1. EU Social Security Coordination (Regulation 883/2004)
This regulation ensures that workers moving between EU member states retain their social security entitlements, including sickness benefit. Key principles:
- A worker is subject to the social security laws of one member state only (the state where they work)
- Workers posted to another member state retain their home state’s social security for up to 24 months
- Sickness benefit follows the worker — the state of residence provides medical care, but the state of employment pays the benefit
2. Directive 2000/78/EC (Equal Treatment)
This directive prohibits discrimination on grounds of disability, which includes:
- Employers must make reasonable accommodations for workers with disabilities
- Sick leave related to a disability must be treated on equal terms with other sick leave
- Employers cannot dismiss workers because of disability-related absences
3. Directive 2019/1158 (Work-Life Balance)
This directive introduces minimum standards for carers’ leave and compassionate leave:
- 5 days of carers’ leave per year — paid or unpaid (member state discretion)
- Compassionate leave — at least 2 working days per year for force majeure events
These entitlements interact with national sick leave schemes and may be used by workers who need to care for a sick family member.
National sick leave schemes
The following table summarises the national sick leave schemes in key EU member states:
| Country | Employer-paid sick leave | Duration | Social insurance sick pay | Replacement rate |
|---|---|---|---|---|
| Germany | 100% salary | 6 weeks | Krankengeld from week 7 | 70% of gross (capped) |
| France | 90% of daily wage | 360 days (3 years) | Sécurité sociale | 50% of daily wage |
| Netherlands | 70% of salary (first year) | 2 years (WIA transition) | Employer-funded | 70% in year 1, 70% in year 2 |
| Spain | 60–75% of contribution base | 3 days employer, then social security | INSS | 60–75% |
| Italy | 100% salary (3 days), then INPS | 180 days (extendable to 3 years) | INPS | 50% (60% for low earners) |
| Ireland | Statutory sick pay (SSP) | 5 days (increasing) | Illness Benefit | €120.80/day |
| Belgium | No statutory employer sick pay | — | Social security | 60% (capped) |
| Poland | No statutory employer sick pay | — | ZUS | 80% of contribution base |
| Sweden | No statutory employer sick pay | — | Försäkringskassan | 80% (capped) |
The variation is extreme — Germany provides 6 weeks of full salary, while Poland and Sweden provide no employer-funded sick pay at all.
Medical certificates and evidence
The EU does not mandate a specific form of medical evidence — each member state sets its own rules:
| Country | Certificate required? | From when? | Employer’s right to review |
|---|---|---|---|
| Germany | Yes (AU-Bescheinigung) | First day of incapacity | Occupational health review |
| France | Yes (arrêt de travail) | First day | Control by CPAM |
| Netherlands | Yes (arbeidsongeschiktheidverklaring) | First day | Company doctor (Arboarts) |
| Spain | Yes (baja médica) | Third day (employer pays first 3) | Social security review |
| Italy | Yes (certificato medico) | First day | INPS review |
| Ireland | Yes (medical certificate) | Fourth day (for SSP) | No statutory review |
| Belgium | Yes | First day | Mutualité review |
| Poland | Yes (ZLA) | First day | ZUS review |
| Sweden | Yes (sjukintyg) | First day (if >14 days) | Försäkringskassan review |
The timing and form of the medical certificate vary significantly — employers must apply the correct national rule.
Employer obligations
Six core duties apply to EU sick leave management:
- Apply the correct national scheme — the sick leave rules of the country where the employee works
- Pay the employer-funded portion — where the national scheme requires employer-funded sick pay (e.g. Germany’s 6 weeks, France’s first 3 days)
- Process medical certificates — accept the certificate and apply the correct national rules
- Manage social security interactions — coordinate with the national social security authority for the transition from employer pay to social insurance benefit
- Apply anti-discrimination rules — ensure sick leave related to a disability is treated equally under Directive 2000/78/EC
- Record sick leave — keep accurate records of sick days for payroll and social security purposes
Common pitfalls
1. Applying the wrong national scheme
Sick leave is governed by national law, not EU law. An employer with employees in multiple countries must apply the correct national scheme for each employee.
2. Not paying the employer-funded portion
Where the national scheme requires employer-funded sick pay (e.g. Germany’s 6 weeks), failing to pay is a breach of national law.
3. Rejecting valid medical certificates
Medical certificates from the employee’s doctor are generally valid across member states. Rejecting a valid certificate without a medical basis is not defensible.
4. Discriminating against disability-related absences
Directive 2000/78/EC prohibits discrimination on grounds of disability. Sick leave related to a disability must be treated equally with other sick leave.
5. Not coordinating with social security
The transition from employer pay to social insurance benefit requires coordination. Failing to process the transition creates gaps in the employee’s income and potential liability for the employer.
For more EU context, see our guide to EU Working Time Directive and EU parental leave directive.
A leave management system that applies the correct national sick leave scheme, manages the employer-to-social-security transition, and tracks medical certificates across multiple EU countries keeps your sick leave compliance aligned with both EU principles and national law.
Frequently asked questions
Is there an EU-wide sick leave directive?
No. There is no single EU sick leave directive. Sick leave is governed by national social security laws, with EU principles set by directives on equal treatment, social security coordination, and work-life balance.
How much sick pay do EU workers receive?
It depends on the member state. Germany provides 6 weeks of full salary, France provides 90% for 360 days, while some Eastern European states provide minimal sickness benefit.
Does sick pay accrue annual leave?
Yes. The CJEU has held that annual leave accrues during periods of sick leave. The employer cannot reduce the leave entitlement because the worker was sick.
Can an employer dismiss a sick worker?
Dismissal during sick leave is generally permissible under most national laws, but subject to anti-discrimination rules (Directive 2000/78/EC) and social security coordination rules. Check the national law of the applicable country.
Do EU workers need a medical certificate?
Most member states require a medical certificate from the first day of incapacity. The timing and form of the certificate vary by country.
Sources
- Regulation (EC) 883/2004 — Social Security Coordination
- Directive 2000/78/EC — Equal Treatment
- Directive 2019/1158 — Work-Life Balance
- European Commission — Social Security
Last updated: 26 July 2026. This article is general guidance, not legal advice. Sick leave entitlements are governed by national law — confirm current requirements with the national social security authority in the applicable country.