16 Oct, 2024 by Marianne Favre Moreillon

Illness, medical certificate and protection against termination at an inopportune juncture

16 Oct, 2024 by Marianne Favre Moreillon

Illness is proved through the production of a medical certificate. Unfortunately, it is not uncommon for employers to question the validity of such certificates. There are restrictive conditions for challenging the certificate.

Whether it's an extension of the notice period or entitlement to salary, an employee's illness has numerous legal ramifications. Employers have a particular interest in ensuring that medical certificates are truthful.

This article covers the following topics:

  • proof of inability for work
  • challenging the medical certificate
  • situations of doubt as to the validity of the medical certificate
  • medical consultant and medical secrecy
  • protection against termination at an inopportune juncture for employees unaware of their illness
  • insignificant illness
  • short-term illness
  • certificate of mobbing or sexual harassment
  • retroactive medical certificate
  • working during illness

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