Medical certificates may not be ordered online
A recent decision of the Hamburg Regional Court (LG Hamburg 3.9.2019 – 406 HK O 56/19) has ruled that issuing medical certificates of incapacity by remote diagnosis is a violation of medical diligence. This means that employees will not be able to apply online for a medical certificate
As part of the “Third Bureaucracy Relief Act” the German government intends to introduce an electronic submission procedure for medical certificates regarding the incapacity of employees. More than 80 million of such certificates are issued every year by doctors in Germany. Replacing extensive documentation and record-keeping duties will allow medium-sized companies in particular to reduce
This article was written by Benazir Cassim, a candidate attorney at Norton Rose Fulbright South Africa
Section 23 of the Basic Conditions of Employment Act (BCEA) addresses the proof required by an employer when an employee stays away from work due to incapacity arising from illness or injury. The employer may ask the employee
The legal background
Under French employment law, pregnant employees enjoy particularly strong protection from dismissal — dismissal of pregnant employees is prohibited from the moment the employee is medically certified as being pregnant, except in the two following circumstances: gross misconduct on the part of the employee or impossibility to maintain the employment contract for