Tag archives: medical certificate

Update on electronic medical certificates

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 confirming their inability to work (as previously discussed in our blog article, Facilitating HR Management: Electronic medical certificates on 23rd September 2019).

According to the Professional Code of Conduct for Physicians, doctors must proceed with the necessary care when issuing medical reports and … Continue Reading

Facilitating HR Management: Electronic medical certificates

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 existing manual processing workloads.

According to current German law an employee must submit a medical certificate of incapacity to the employer at the latest by the fourth day of absence due to illness. In the future, employers will be able to retrieve electronic certificates directly … Continue Reading

Are “sick notes” from traditional healers valid in law?

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 to present a medical certificate where that employee was absent from work for two consecutive days or twice in an eight-week period.  The medical certificate must be issued and signed by a medical practitioner or another person who is certified to diagnose and treat patients.  … Continue Reading

Non-pregnant employees can benefit from the protection granted to pregnant employees

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 a reason unrelated to the pregnancy or to the employee’s behavior. Any dismissal notified in breach of this protection will be treated as null and void.

More specifically, the Labour code provides that the dismissal of an employee is null and void when, within 15 … Continue Reading

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