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Old 27.10.2014, 10:02
Sierra01 Sierra01 is offline
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Join Date: Oct 2014
Location: Zurich
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Sick leave and medical check - how to handle it?

Dear fellow members, I am looking for advice regarding my current situation:

After suffering from continuous harassment and discrimination at the workplace from my manager during the past 2 years, I looked for help from Human Resources; however they blamed me for all the issues. I tried internal job moves that were blocked by my manager and also escalated the situation but without any luck. Finally my body collapsed and a doctor wrote me off on medical leave for burn out (100%) and gave me antidepressants.

After being on sick leave for 4 months, I received a letter from my employer warning me that if I continued to be on medical leave they will send me to see a company doctor to have a 2nd opinion on whether I am fit to work or not. On month 5 my employer requested that I make an appointment with a doctor designated by the company. I made the appointment and I have the following questions:

1. The doctor’s secretary told me that I will be examined by two doctors from the hospital, one the appointed one by the company and another who is an assistant doctor at the hospital. Is this legal? And if so, why should I be obliged to see 2 doctors? Also, my doctor told me that if I disagree with the diagnosis of the company doctor I can contest it and request a 3rd medical opinion, but would this still apply if 2 doctors have seen me already?

2. Am I obliged to sign any documents that these doctors ask me to sign? Such as giving them permission to contact the doctors that are providing me treatment or disclosing my health issues or treatment details to my employer?

3. Could I request that these company doctors give me a copy of their assessment on weather I am fit to go back to work or not? Further, could I request that they send this document only to me and that I will forward it to my employer?

4. During month 4, the Human Resources lady contacted the doctor that issued my sick leave certificate and requested to know when I was going back to work. Further, she based the company's request for me to see their company doctor on the fact that I did not allowed my doctor to disclose specific information about my health. Is this legal? Can my company demand to know this information? Is the HR lady allowed to have discussions with my doctor without my authorization? (She contact him at least one more time in the past, also requesting to know about my health, but my doctor did not tell me what his answer was)

5. Should I be careful about any other requests or topics? Could anyone recommend a good lawyer?

Thank you very much for your help!
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