What is the legal perspective on employees from eastern European countries who have an illness or accident while working in Ireland returning home to their home country for treatment and then sending medical opinion and certification from a doctor or hospital in their home country. Do companies legally have to accept this?
Posted in : First Tuesday Q&A ROI on 7 September 2010
Matheson
Matheson
In general, all employees should be treated in a similar manner regarding requests for medical certificates or medical opinions, regardless of their nationality/country of origin. Notwithstanding this, there is nothing in law which states that an employer must accept a medical certificate from a doctor based in Eastern Europe.
However, if an employee is on holiday and becomes ill, or is travelling for the purpose of seeking medical treatment, failing to accept a medical certificate simply on the basis that it is from a practitioner in another country, may give rise to potential discrimination issues.
If the medical certificate is not in English, it is reasonable for the employer to request
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Back to Q&A's This article is correct at 02/09/2015
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Matheson
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