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Old 12.01.2012, 19:17
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doctors sick certificates and employers rights

hi all,

Maybe a simple answer, maybe not...

what are the limitations of an employer to confirm the details of a doctors certificate? Can the employer/boss directly contact the doctor or does the company/employer doctor have to do that?
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Old 12.01.2012, 19:46
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Re: doctors sick certificates and employers rights

In German, but perhaps a useful article:

Quote:
If the employer has objective reasons to doubt the correctness of a medical certificate ( in DE Arztzeugnis ), he may request that the employee undergoes a medical examination of a trust. Since it is debatable whether he has this right in every case or only when it is required under the Contract, it is advisable to retain the right to order an independent medical examiner's investigation in the employment contract.
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Old 13.01.2012, 09:29
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Re: doctors sick certificates and employers rights

thanks....
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Old 13.01.2012, 09:54
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Re: doctors sick certificates and employers rights

I would have thought that any doctor is liable to respect practitioner-patient confidentiality and must therefore only confirm what they wrote on the certificate in case an employer inquires.

That's just my $ 0.02, no idea if it is a fact however.
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Old 13.01.2012, 10:02
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Re: doctors sick certificates and employers rights

Companies can ask you to undergo a medical with a "company" Dr if they think you are faking it.

I don't know about what the Dr says to the company, although I guess they could say "yes I agree with the sign-off form signed by my colleague" without breaking any patient trust.
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Old 13.01.2012, 10:07
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Re: doctors sick certificates and employers rights

ta for the replies..

anyone know what art.35 is in relation to sick notes?
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Old 18.01.2012, 23:35
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Re: doctors sick certificates and employers rights

I'm afraid I can't answer your last question Rob...

But I was reading a book today (Troubles psychiques et travail salarié, 3rd one down on this page), which clarifies the questions people were asking about what an employer can do to confirm a medical certificate.
  • If the absence is prolonged, or if the employer has reasons to doubt the veracity of the proof given for that absence, they can ask the employee to undergo a medical examination.
  • This examination can be carried out by a doctor directly or indirectly attached to the company, or by another doctor chosen by the worker.
  • This second doctor is bound by medical confidentiality and can only state the capacity or incapacity of the employee to work.
  • This second doctor cannot divulge any information on the problems which cause this incapacity.
  • As a general rule, refusal to undergo a second examination is seen as a confirmation that the medical certificate in question is 'not very serious', i.e. doubtful.
  • These doctors who give a second opinion are reimbursed by the employer or the insurance company (not clear which insurance company, I think it may be insurance for loss of earnings in case of illness).

The book also says that experience has shown that these doctors are 'not always above all suspicion', and says that if, as a result of such an examination, the insurance for loss of earnings stops an employees payments, that employee can fight that decision. But it doesn't say how...

Hope that helps!
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Old 19.01.2012, 00:08
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Re: doctors sick certificates and employers rights

No idea about the actual law here. But I would have thought a company could ask an independent doctor to ask for your notes and evidence that your Doctor's certif is above board. This wouldn't breach confidence as the assessing Doctor would not give details, but just assess if you are indeed unable to work.

Has your certificate been issued by a Swiss or foreign Doctor?
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