15 Nov, 2022 by Marianne Favre Moreillon

Challenging the medical certificate

15 Nov, 2022 by Marianne Favre Moreillon

The situations in which the employer is entitled to doubt the validity of the medical certificate are numerous and varied. The questioning of its probative force obeys strict rules.

When sick or injured, the employee usually provides proof of inability to work through a medical certificate. The employer can take certain measures if he has serious reasons to doubt the truthfulness of the medical certificate.

This article develops the following topics:

  • proof of inability to work
  • probative value of the medical certificate
  • questioning of the medical certificate
  • contradictory behavior of the employee with regard to the medical certificate
  • inability to work following a dismissal
  • illness following the employee's holiday
  • private and leisure activities of the employee that are incompatible with the medical certificate
  • psychological inability and holidays
  • appointment with a medical consultant, refusal of the employee and medical confidentiality
  • absence of a medical certificate and payment of salary
  • protection against termination at an inopportune juncture


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