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Sick leave rights

  • 06-07-2009 10:09am
    #1
    NaBadbh
    Closed Accounts Posts: 3 ✭


    Hi there!
    Just wondering if you could help me out.
    If someone is out on certified sick leave can their employer request them to attend the employer's own doctor to see whether the sick leave may make the employee unfit to ever return to work?


Comments

  • #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Yes.

    Also worth noting is that if a person is unfit for work then this gives the oppertunity to let that person go.


  • #3
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    Yes. The employer can send the employee to a medical expert of their choosing to ascertain if they're likely to return to work in a timely fashion. If the medical evidence shows that they won't then the employer can legitimately decide to let the employee go.


  • #4
    NaBadbh
    Closed Accounts Posts: 3 ✭NaBadbh


    Thanks guys for the info!


  • #5
    InReality
    Registered Users, Registered Users 2 Posts: 1,374 ✭✭✭InReality


    Companies can "request" whatever they wish !

    If a person does not attend a company referred doctor , there is nothing the company can do about it.

    They cannot "make" you go to a doctor they chose.


  • #6
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    As InReality points out, they generally can't force an employee to go to a doctor of their choosing. The obvious exception is if it's contractually obliged which can happen where long-term illness benefit schemes are in place.

    That said, if there is a long-term illness involved then the employer is required to get expert medical evidence if they're considering letting the employee go. If the employee is seen as deliberately preventing the employer from getting expert medical evidence then it won't help their situation. I'd suggest that the better course of action is to attend then if there is a disagreement of opinion they'll be able to get an independent third party expert involved.


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  • #7
    Wishbone Ash
    Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    InReality wrote: »
    Companies can "request" whatever they wish !

    If a person does not attend a company referred doctor , there is nothing the company can do about it.

    They cannot "make" you go to a doctor they chose.
    The employee would be skating on very thin ice there.

    The employer is under no obligation to accept medical certificates from the employee's medical officer. Therefore, if the employee refuses to attend a medical officer chosen by the employer, they cannot then furnish a medical certificate to cover their absence.


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