Employees with autism: notes for employers

Legal status: 09.10.2026 (federal law, checked against the statutory text). The duties named apply to severely disabled and equivalent employees; who belongs to this group is in the article Severe disability at work. This is not legal advice. Legal terms are translated here for understanding; the German wording of the law is what counts.

What the guideline recommended

The 2021 S3 guideline recommended application training with role plays and concrete exercises if the person wishes it, as well as working conditions that suit the person’s particularities: a clearly arranged, consistent workplace, adapted breaks and flexible working-time models. Employers should be advised and supported before the start. ^{[1, Rec. 113, 114]} The guideline described the body of studies on this as poor overall. ^{[1, Rec. 116]} The recommendations are orientation, not a requirement for the individual case; people on the autism spectrum are very different from one another. More: Work and career.

What the law requires

For severely disabled employees (and those treated as equivalent, see Severe disability at work), section 164 SGB IX provides: ^[3]

• Employers must not discriminate against them because of their disability (para. 2).
• Employers must ensure through suitable measures that severely disabled people can find employment suited to their disability that is as permanent as possible (para. 3).
• Employees are entitled to employment in which they can use their abilities fully, to preferential consideration in vocational training, to a workplace designed to suit the disability and to necessary technical work aids. This does not apply as far as it would be unreasonable or disproportionately costly for the employer (para. 4).
• There is an entitlement to part-time work if the shorter working time is necessary because of the type or severity of the disability (para. 5).

Whether employees with autism have a GdB depends on the individual case; a diagnosis alone does not establish it (Severe disability card and GdB).

Advice and funding

• Integration office: For severely disabled people there is accompanying help in working life from the integration office. ^[4] The responsible office is named by the Federal Association of Integration and Inclusion Offices (BIH) at bih.de.
• Federal Employment Agency: It advises people with disabilities on vocational rehabilitation and on severe disability and equivalent status. ^[6]
• Budget for work: People entitled to benefits in the work area of a workshop receive a budget for work if they have an employment relationship subject to social insurance with pay at the collectively agreed or customary local rate. It comprises a wage-cost subsidy to the employer of up to 75 per cent of the regularly paid pay as well as expenses for necessary guidance and accompaniment. There is no entitlement to benefits with a particular employer. ^[5]
• Contact points: Federal Employment Agency’s advice and integration offices (BIH).

Practical questions for the conversation (suggestion from the editorial team)

These questions are not a legal requirement but an aid to conversation if the person wants support:

• Which conditions help you work well (workplace, breaks, working hours, arrangements)?
• What is hard or burdensome for you, and how can we raise this early?
• How would you like particularities to be talked about in the team, and what should stay confidential?

What this article does not explain

Not covered are the duty to employ and the compensatory levy, the representative body for severely disabled employees, workplace reintegration management, protection against dismissal in detail, the requirements of the funding benefits in detail and how people with autism can best present themselves in the application process.

Sources and literature

1. DGKJP, DGPPN et al. Autismus-Spektrum-Störungen im Kindes-, Jugend- und Erwachsenenalter. Teil 2: Therapie. S3-Leitlinie, AWMF-Reg.-Nr. 028-047, Stand Text 02.05.2021 (Empf. 113, 114, 116). – Guideline (in German); expired on 23 March 2026 (see no. 2)
2. DGKJP. Aktuelle Leitlinien (Eintrag 028-047: „Gültig bis 23.03.2026“). https://www.dgkjp.de/wissen/aktuelle-leitlinien/ – Professional society (website in German)
3. § 164 SGB IX – Pflichten des Arbeitgebers und Rechte schwerbehinderter Menschen (www.gesetze-im-internet.de/sgb_9_2018/__164.html). – Statute (German federal law, in German)
4. § 185 SGB IX – Aufgaben des Integrationsamtes (www.gesetze-im-internet.de/sgb_9_2018/__185.html). – Statute (German federal law, in German)
5. § 61 SGB IX – Budget für Arbeit (www.gesetze-im-internet.de/sgb_9_2018/__61.html). – Statute (German federal law, in German)
6. Bundesagentur für Arbeit: Seite „Menschen mit Behinderungen“. https://www.arbeitsagentur.de/menschen-mit-behinderungen – Authority source (in German)