I am on sick leave with a doctor hand written certificate from a long established hospital .

    The certificate states that I am "medically unfit for work". My employer has been asking my permission to allow their representative to see my doctor so they ( the company) can understand the nature of my illness, I refused so far.  WHAT options would the company have in these maters? What risk am i taking with regards to my future employment with this particular company?   


    0  Views: 369 Answers: 6 Posted: 10 years ago
    Tags: medical low

    6 Answers

    Why are you refusing to allow your employer to ascertain your medical condition?  Are they paying you sick leave?  If so, they need to know for sure, that your illness is legitimate.  Check with your local labor relations board if you feel that they have no right to know, but I believe that they do.

    If the company is paying you wages whilst your on sick leave i'm guessing they would be within their rights to pursue your illness.Why do you deny them access to the investigation ?If your illness is legit and everything is above board, you shouldn't have a problem with it.

    I believe a company has all the rights in the world to have you checked out by their doctor just to make sure there is no conflict of interest.  Safer for both sides this way........

    What country do you work in and where in that country?


    In Australia

    Are you on a work-related injury (Workers' Comp)?  If so, the employer's WC carrier or third-party administrator (TPA) has every right consult with your physician.  If not, then your employer needs to know how long you may be away from work.  Either way, there is no reason to keep your employer in the dark.  They can and probably will fire you if you don't cooperate.  If you are on Workers Comp, you have a right to a second medical opinion, and you may retain an attorney to assist you.  

    Also, if you are on FMLA, the employer can require you and your health care provider to provide relevant medical information to determine if you are eligible for up to 12 weeks of FML leave.  If you do not provide it, you may be discharged. 

    (Note:  I have dealt with these situations often in my career.)  Good luck and get well soon!         

    In the USA the Hippa laws protect you....they can not gain access to your medical records without your OK...Your doctor has to keep your records private.  Perhaps your doctor can write explaining that you are indeed ill & need a certain time away from work (If you run out of sick and vacation time the company does not need to hold your position.)

    No matter what they say, they have no legal right to know your illness.  

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