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When to appoint a medical examiner?

When to appoint a medical examiner?

The medical examiner is appointed by the employer and is appointed if there are objective doubts about the claimed incapacity for work. This may be the case if the incapacity for work occurs immediately after the start of the notice period or during unapproved holidays.

A medical examination should take place as soon as possible so that it has a high evidential value.

The certificate from a medical examiner provides information on the duration and degree of incapacity for work. Like all doctors, the medical examiner is bound to confidentiality.

If the medical certificates contradict each other, the employer can ask the employee to return to work and, in the event of refusal, suspend payment of wages or even terminate the contract.

If the employee refuses to visit the medical examiner, the employer can assume that the medical certificate is invalid. The employer can ask the employee to attend work.

If the case goes to court, the medical examiner’s certificate is not the only evidence. Witnesses are questioned and other factors such as the time of the sick note are taken into account.

In principle, the medical examiner is a good way of avoiding unjustified sick leave.