Sick certificate duration

Hi.

Can an employer question or challenge the duration of a sick certificate? Do you have to explain it to them if they ask? Would you direct them to ask the GP?

howmuchunder

howmuchunder wrote: »

Hi.

Can an employer question or challenge the duration of a sick certificate? Do you have to explain it to them if they ask? Would you direct them to ask the GP?

Anyone?

Arnold Layne

An employer will typically send a person to its company doctor if the durationn is over 2 weeks. It is dependant on the company's sick leave policy

Arnold Layne

Arnold Layne wrote: »

An employer will typically send a person to its company doctor if the Dyson is over 2 weeks. It is dependant on the company's sick leave policy

Can't an employee refuse that?

Car99

howmuchunder wrote: »

Hi.

Can an employer question or challenge the duration of a sick certificate? Do you have to explain it to them if they ask? Would you direct them to ask the GP?

The GP cannot discuss your health records with anyone . I'd explain it in as far as I felt comfortable after that I'd draw a line and call their request unreasonable if they persisted. Theyre questioning your GP's and your professional integrity . As mentioned they can request you visit their company doctor .

IITYWYBMAD

howmuchunder wrote: »

Can't an employee refuse that?

Reasonably, no. I would imagine most companies have this as part of their standard contracts.

seamus

Yes an employer can question the validity of a cert. A sick cert has no real legal value.

In the strictest sense, were an employer to claim that your sick cert is too long (or indeed too short), then they can choose to not accept the certificate.

However, they are not a medical professional who has examined you and is competent to determine the validity of your cert. This means that;

1. If the company's sick leave policy requires you to obtain a certificate, then you are covered by the policy regardless.
2. Their insurance policy would land them in very hot water were they to allow you back into work before the expiry of the sick cert, never mind force you back into work.
3. In the event that a dispute about it came before a court, the employer would be absolutely reamed for it.

In real terms if an employer questions the validity of a sick cert, then they would have the right to request a second opinion from a doctor of their choosing, and at their expense. This doctor however would not be entitled to communicate directly with the employer about you, except to give you another sick note.

There is never an obligation on you to disclose the nature of your illness unless it poses a long-term risk to your work in terms of the quality of it, or your ability to carry it out safely. They cannot ask your GP. They cannot fire you for not revealing it.

_Brian

howmuchunder wrote: »

Hi.

Can an employer question or challenge the duration of a sick certificate? Do you have to explain it to them if they ask? Would you direct them to ask the GP?

Yea it happens, you can be sent to a company doctor to verify and get a second opinion.

Certs are fickle things, I’m 100% confident if I made an appt with my gp today that I would come out with a cert for a week if I wanted one.

What would happen if you refused to attend the company doctor?

howmuchunder

howmuchunder wrote: »

What would happen if you refused to attend the company doctor?

It is important for you to understand, a sick cert does not excuse you from work, it just explains your absence. Your contract of employment will outline your employer’s policies in relation to certified absence, that will often include a requirement to visit the company GP to confirm validity of your absence. You can refuse, but you will then have breached your contract. Even public service employees can be required by their employer, the State to attend independent GP’s. So think carefully if you are going to refuse, if your illness is genuine, you should have nothing to fear.

It is also worth noting, despite what some may thing, repeated/long term absence can result in dismissal. It isn’t easy for the employer to do, but it is legal to do it.

_Brian

howmuchunder wrote: »

What would happen if you refused to attend the company doctor?

We would of course work with an employee about their concerns but ultimately it would escalate the absence policy leading ultimately into the disciplinary process.

Employee contract or handbook will detail the option the employer retains to refer employees to a company doctor.

Teepinaw

_Brian wrote: »

We would of course work with an employee about their concerns but ultimately it would escalate the absence policy leading ultimately into the disciplinary process.

Employee contract or handbook will detail the option the employer retains to refer employees to a company doctor.

Is dismissal the worst thing that would happen? Does anyone know?

_Brian

Teepinaw wrote: »

Is dismissal the worst thing that would happen? Does anyone know?

From refusing to visit a company doctor ??

Absolutely, but that would be wayyyy down the line. Unless there is a long standing ongoing discipline process it would be a foolish move to move straight to dismissal.

mikeecho

Teepinaw wrote: »

Is dismissal the worst thing that would happen? Does anyone know?

I'd have thought dismissal would be the worst thing that could happen. ... Unless your company operates under Sharia law.
(Sorry couldn't resist)

Just go to the company Doc . If you're sick you're sick .

GPs are unlikely to contradict each other, if the company Doc says you're ok ,(and you're not) and you return to work on his sayso, if your future injured by his recommendations.. that'll open up a whole new can of worms for your employer.