26 Oct, 2022 by Marianne Favre Moreillon

The Grail of the Medical Certificate

26 Oct, 2022 by Marianne Favre Moreillon

There are many situations where the employer is entitled to doubt the validity of a medical certificate. The challenge of its probative value is subject to specific rules.


In the event of an accident or illness, the employee must provide proof of his or her inability to work with a medical certificate.

However, the medical certificate is not an absolute means of proof. Its probative value can be questioned when the employer has serious and concrete doubts. In this situation, the employer may, under certain conditions, submit the employee to an examination by the company's medical consultant. The result of the examination may have consequences for the employee's salary.

The admission of retroactive medical certificates also raises many questions, as they are regularly submitted following a termination. The admission of retroactive medical certificates is subject to restrictive conditions in practice.

This article discusses the following topics:

  • proof of the inability to work
  • obligation to produce a medical certificate
  • questioning the probative value of the medical certificate
  • examination of the inability to work by the employer's medical consultant
  • unfounded inability to work
  • admission and validity of a retroactive medical certificate

Top Articles

1 Mar, 2010 byMarianne Favre Moreillon