For both certified and uncertified sick leave, does an employer have a right to ask what is the nature of the employee’s illness? If Line Managers are expected to monitor the amount of uncertified sick leave that employees are taking, can they only probe so far?

Posted in : First Tuesday Q&A ROI on 10 January 2013
Elaine Mettler
Arthur Cox
Issues covered:

In the case of certified sick leave, the medical certificate should provide some guidance as to the reason for the absence. If the employer requires further verification of the employee’s absence and/or a better understanding of their fitness to work, then they would be well advised to refer the employee (and the medical certificates) to the company doctor to get an expert opinion from the company doctor.

In the case of uncertified absence, generally employees will normally be required to provide certification after a continuous period of absence of 3 days. Where a line manager or employer has noticed a pattern of uncertified absence which is causing concern, then they will need to address

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Back to Q&A's This article is correct at 02/09/2015

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Elaine Mettler
Arthur Cox

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