Can a doctor establish that an employee became incapacitated for work several weeks ago?

The holidays are over. Our firm has repeatedly been asked by employers whether they are indeed required to accept a retroactive sick note. Even recently, with an employee who had an accident while on holiday abroad. He initially gave no notice, so that he was absent without authorization, then came up with an incoherent story, and ultimately submitted a sick note three weeks too late. The employer, who had considerable doubts about the incapacity for work, sent the employee to the company doctor, who, to the employer’s displeasure, confirmed that the employee had already been incapacitated for work for more than three weeks.

As early as 2007, the Order of Physicians provided clarification in an article regarding, among other things, antedated certificates. Let it be clear that this case does not involve an antedated certificate. After all, the doctor truthfully certified the day on which he examined the employee.

First of all, the Order of Physicians states in its opinion that every medical certificate, which is after all guaranteed by the honor and responsibility of the physician who signs it, must be drawn up truthfully and conscientiously.

How then can a doctor establish that an employee became incapacitated for work three weeks ago?

The Order stated the following on this matter: exceptionally, a certificate of incapacity may be drawn up and issued a posteriori, based on medical findings and the statements of the person concerned that appear acceptable in light thereof.

Thus, if the employee makes statements about an accident that appear credible by submitting certain documents, and the doctor establishes medical findings that can be related to that accident, then the doctor may, in good conscience, certify that the employee was incapacitated for work as of the date of the accident.

It may be useful, at the time of requesting the check-up by the company doctor, to disclose the reasons for your doubts as an employer, so that the doctor has more information available. After all, the doctor remains completely independent, and if the doctor nevertheless certifies retroactive incapacity for work, this is guaranteed by their honor and conscience.