The conditions for such examinations had never been clearly defined until a Decree issued as of 5 July 2024. This Decree sets out how and when an employer may conduct an examination of an employee who is on sick leave.
As soon as the sick leave begins, or in the event of any changes to the leave, the employee must inform the employer regarding:
The examination is conducted by a doctor appointed by the employer. This doctor evaluates whether the sick leave is justified, including its duration.
The examination can take place at any time during the sick leave, at the employee’s home or another specified location. The examination can be conducted without prior notice, and outside the timeslots authorised by the social security authorities.
Alternatively, the doctor may summon the employee to their office. If the employee cannot attend the appointment, in particular due to health reasons, they must inform the doctor and provide the reasons.
After completing the examination, the doctor informs the employer whether the sick leave is justified or not, or if the examination could not be conducted due to the employee’s absence. The employer must then immediately transmit this information the employee.
If the examination reveals that the sick leave is unjustified, or if the examination could not be conducted, the doctor must send a report to Social Security within 48 hours, which may lead to the suspension of sickness benefits paid to the employee.
The new Decree provides clarity to employers, and it gives them a great deal of flexibility in arranging for examinations to check the legitimacy of a claimed sick leave. However, they must carefully follow the procedures set out in the Decree.
Discover more about time off work on our Global HR Law Guide