2007-01-12 01:53:00 · 22 answers · asked by STUART W 1 in Politics & Government ➔ Law & Ethics
An employER can NOT do any such thing, but an employEE CAN if he feels well enough to go back to work prior to being given an official all-clear - PROVIDING that the original sickness wasn't a "notifiable disease".
2007-01-12 01:59:41 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The employer can not over rule a doctor's sick note. He can not make you work if a doctor ruled that you were unable to do so.
You are only entitled to sick pay, if you have that in your contract. Most employers will not pay you while you are off sick.
Most employers would not question the sick note, it opens up too much liability for a lawsuit.
2007-01-12 08:23:15 · answer #2 · answered by Rahab 6 · 0⤊ 0⤋
You would have to check the employers written procedures on overruling a doctors sick note. Whatever the employer has stated in their procedures they are going to do is going to rule in this situation.
2007-01-12 02:02:12 · answer #3 · answered by harrisnish 3 · 0⤊ 0⤋
You can not do that, unless you gather evidence that the person involved is not ill, A lad worked with years ago was off on the sick and he did get done because he was signed of with a bad back and he was spotted doing his part time job as a sunday league referee and photo's were taken and people at the game were used as witnesses so unless such an event occured the sick note stands.
2007-01-12 02:04:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
There isn't a corrent procedure. Depending on the case then it can be made into a lawsuit. Employer's have no real reason to doubt a doctor's sick notes.
2007-01-12 02:03:20 · answer #5 · answered by Erick 1 · 0⤊ 0⤋
Do you mean by over rule, that your employer wont accept it or they dont agree to the time you are to have off, because if this is the case, your employer cannot "over rule" what the doctor has ordered.
2007-01-12 01:57:59 · answer #6 · answered by Anonymous · 1⤊ 0⤋
You cannot "over rule". Even with a sick note, an employee can have excessive absents. You can deal on that, but you cannot tell a person that he was not sick or should not have taken a day off because of illness.
2007-01-12 01:57:32 · answer #7 · answered by Chloe 6 · 1⤊ 0⤋
There is no correct procedure. Unless of course the employer is looking for a potential lawsuit against him.
2007-01-12 01:58:05 · answer #8 · answered by atomictulip 5 · 0⤊ 0⤋
Hi Stuart,
your employer can ask that an independent doctor examine you. He must arrange this and pay for it. It is only then an opinion, the original cannot be actually overruled only questioned and if necessary, corrected.
2007-01-12 03:38:36 · answer #9 · answered by LYN W 5 · 0⤊ 0⤋
If you work in the UK, your employer has the right to withhold Company sick pay, but cannot withhold Statutory Sick Pay (SSP).
If your employer is in doubt your sickness absence is genuine, they should pay for you to see the Company doctor. This is not dictated by employment law, but is recommended by ACAS.
2007-01-12 02:45:27 · answer #10 · answered by unqualified 1 · 0⤊ 0⤋