No, generally an employer cannot directly override a valid doctor’s sick cert.
However, they can question it or request an independent medical assessment if they have reasonable medical or legal grounds.
When you’re unwell, getting a medical certificate (sick cert) often feels like the final step in justifying your time off work. But what happens if your employer disagrees with your doctor’s opinion? Can they legally reject or challenge it? Let’s understand how it works and what are your rights.
What Does a Doctor’s Sick Cert Actually Mean?
A doctor’s sick cert (or a medical certificate) is an official document issued by a registered medical practitioner confirming that you’re unfit to work due to illness or injury.
It usually specifies:
- The reason (in general terms) for your absence
- The expected duration of recovery
- Whether you’re fit for full or partial duties and suggested adjustments such as different working hours
In Ireland, sick certs are accepted as medical evidence for sick leave. Particularly when you’re applying for statutory sick pay or need to justify your absence to your employer.
However, a sick cert is a medical opinion, not a legally binding order. This is where the confusion often arises.
When Employers Might Question a Sick Cert?
Most employers don’t question a short-term sick cert unless there’s a clear reason to do so.
Examples of some cases in which challenges typically arise include:
- Frequent or patterned absence (e.g. always sick before or after weekends)
- Long-term illness where regular assessment is needed
- Conflicting activities while on sick leave (e.g. being seen doing physically demanding work while certified unfit)
If they want, they can verify your sick note. (Learn more about how employers verify an online sick note).
If your employer has reasonable grounds to doubt your sick cert’s validity or believes you’re fit to work despite the medical certificate, they can take further steps such as:
- Requesting an independent assessment
- Referring you to an occupational health specialist for second opinion
- Asking for further clarification from your GP, regarding your fitness to work
Employers may not directly override your doctor’s note, but they can dispute or challenge it with evidence, through formal channels.
What to Do if Your Employer Disputes Your Sick Cert?
If you ever find yourself in this situation where your employer disputes your sick cert, it’s best to:
- Communicate openly and provide any requested documentation.
- Seek clarification from your GP or occupation health doctor, if needed.
- Know your rights, especially regarding statutory sick pay and medical privacy.
In most cases, these matters can be solved with proper communication and documentation, rather than confrontation.
If you’re having problems getting the sick pay you’re due, contact your employer and try to resolve the issue informally first.
However, if you can’t resolve the issue directly with your employer, you can make a formal complaint to the Workplace Relations Commission (WRC).
Employee Rights and Protection
Irish employment law protects employees from unfair treatment during illness. Generally you have rights of:
Medical Privacy:
Your employer can request confirmation that you’re unfit to work but cannot demand to see detailed medical diagnoses without your consent.
Protection Against Dismissal:
You generally cannot be dismissed just for being sick, provided you follow proper procedures and submit valid sick certs.
However, if an employee deliberately misrepresents a sick cert, the employer can take disciplinary action, which could include dismissal. (Learn more about can you be fired for misrepresentation of a sicknote?)
Right to Statutory Sick Leave Payment:
According to the Sick Leave Act 2022, “An employer shall pay an employee a prescribed daily rate of payment (in this Act referred to as “statutory sick leave payment”) in respect of each statutory sick leave day.”
Fair Procedure:
If your employer disputes your medical certificate, they must handle it through a fair and transparent process, such as referring you to occupational health and not simply ignoring your GP’s advice.
Sick Notes and Workplace Rights
Your doctor’s sick cert is strong medical evidence that you’re unfit to work and in most cases your employer must accept it.
But employers do have the right to question or verify your sick note.
However, the process should be handled professionally with compliance to Irish employment law and EU labour standards.
Disclaimer: This blog provides general information and is not legal advice.
