Yes, if proven, you can be fired (dismissed) for misrepresentation of a sick note.
If your employer has reasonable grounds to suspect that you have misrepresented a sick note or are malingering at work, which is deliberate feigning or exaggeration of an illness or injury to get external benefits such as time off work, they can treat it as a serious disciplinary matter.
In some cases it may amount to gross misconduct which can justify dismissal.
Let’s understand what is misrepresentation of a sick note and can you be fired for doing this.
What is Misrepresentation of a Sick Note?
Misrepresentation or fraud related to a sick note means providing false or misleading information about your illness or medical condition.
Examples of misrepresentation of a sick note include:
- Submitting a fake medical certificate (sick note/ sick cert)
- Tampering a valid sick note such as changing the dates or other information on it
- Exaggerating the severity of your illness to extend time off work
- Claiming to be ill and then using the time off for doing other activities
In short, it’s when an employee uses a sick note dishonestly to take the leave they’re not genuinely entitled to.
Why Do Employers Take Sick Note Misuse Seriously?
Employers are required by the law to respect genuine sick leave and protect employees who are medically unfit for work. But when someone misuses this right, it’s considered a serious breach of trust.
The sick leave system is based on trust. When an employee misrepresents their condition, it not only damages their relationship with the employer but can also affect their relationship with the colleagues who might have to do extra work during the absence.
In some cases where this kind of behaviour falls under gross misconduct, it can justify dismissal (following the due procedure).
Can You Be Dismissed for a False or Misleading Sick Note?
Yes, if proven, misrepresentation of a sick note can be grounds for dismissal in Ireland and most EU countries under their respective employment laws.
Here’s how it generally works:
Investigation:
If your employer suspects that your sick note is false or misleading, they can do an internal investigation. This may involve contacting the issuing doctor, reviewing attendance records, or checking relevant evidence.
Learn more about how employers verify an online sick note.
Disciplinary Procedure:
Employers must carry out a fair and impartial investigation and follow proper disciplinary procedures under the Irish employment law (and similar EU standards).
According to lawonline.ie , you have the right to be informed of the allegations and be given an opportunity to challenge those allegations before any decisions are made.
Outcome:
If the investigation confirms deliberate deception, for example forged note or false claim, the employer may issue a formal warning or, in serious cases, terminate your employment.
How to Avoid Problems with Sick Notes
Here are some tips to stay on the right side of the law and maintain your employer’s trust:
- Always get a valid medical certificate (sick cert) from a registered medical practitioner.
(You can easily get an online sick cert, legally valid in Ireland and the EU, reviewed by an IMC registered doctor, without having to visit the clinic when you’re not feeling well.)
- Be honest about your condition and expected recovery time
- Keep your employer informed, especially if your condition changes
- Don’t alter or reuse old certificates, even for minor edits
Transparency and good communication can prevent small misunderstandings from escalating into serious issues.
Misrepresenting a sick note might seem like a minor thing but it can lead to serious consequences, from damaging your reputation to losing your job.
If you’re struggling with health or personal issues that are affecting your work, it’s always best to discuss them openly with your employer, rather than risk misrepresentation.
Remember: Trust is the foundation of every workplace and once broken, it’s hard to rebuild.
