Can an employer dispute a medical certificate?
The bottom line: While a medical certificate is generally regarded as irrefutable proof of an employee’s illness or injury an employer may challenge the validity of a medical certificate where there is sufficient objective proof which contradicts the certificate.
What happens when an employee submits a fraudulent medical certificate?
Dishonesty in that an employee submits a fraudulent, false medical certificate to an employer. It is a common occurrence that employees present fraudulent, false medical certificates to an employer to justify their absence from work and to be paid for a sick day.
When to request a medical certificate from an employee?
If you have extremely good reason, for example if this employee is regularly off sick, then perhaps you could assist the employee in typing a letter for the Doctor authorising him to disclose to you the nature of the illness. Alternatively you could request the employee to go to the Doctor and obtain the information in terms of rule (3).
What should be included in a sickness certificate?
The AMA Guidelines for Medical Practitioners on Certificates Certifying Illness 2011 (“Guidelines”) state that a sickness certificate should include: the name and address of the medical practitioner issuing the certificate; any additional information which may assist the patient in obtaining the appropriate leave.
How to check if a medical certificate is false?
The employer must find evidence that the medical certificate issued is false. The direct approach would be to contact the person indicated on the certificate by phone or a personal visit to confirm whether the person is a medical practitioner and issued the certificate.
When do employers need to request medical certification?
A. Under the regulations, an employer should request medical certification, in most cases, at the time an employee gives notice of the need for leave or within five business days. If the leave is unforeseen, the employer should request medical certification within five days after the leave begins.
Can a company fire you for having a medical condition?
Eligible employees may receive unpaid, job-protected and health-insurance-protected leave for 12 workweeks during a 12-month period. Covered conditions include the birth and care of a newborn or adopted child, a serious health condition, and caring for a child, spouse or parent with a serious health condition.
Can a employer fire an employee who has a doctor’s note?
That means an employer can fire an employee even if they have a doctor’s note and haven’t used FMLA. An employer can’t fire an employee for filing worker’s compensation, nor can they fire them if the employee has become disabled and a reasonable accommodation can be made.
When does an employer need certification under the FMLA?
Under the FMLA, an employer may require a certification by a health care provider when an employee requests leave because of a serious health condition. The certification allows the employer to obtain information related to the FMLA leave request, and verify that an employee has a serious health condition.