19 Jul, 2022 by Marianne Favre Moreillon

Involvement of the medical certificate in the illness

19 Jul, 2022 by Marianne Favre Moreillon

An illness is proven by a medical certificate. The situations in which the employer is entitled to doubt its validity are diverse and varied. What rights does the employer have?

The medical certificate can be a means of proof of an incapacity to work, which can however be questioned by the employer, in case of concrete suspicions. Indeed, certain situations may lead to the assumption that the incapacity to work is not founded, despite the medical certificate. In such cases, the employer may call in a medical consultant.

This article develops the following topics:

  • proof of incapacity to work by medical certificate
  • exercise of activities by employees who are unable to work
  • retroactive medical certificate
  • questioning of the medical certificate
  • use of a medical consultant chosen by the employer
  • incapacity for work limited to the place of work
  • ignorance of the incapacity to work
  • protection against dismissal

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