In many cases when an employee is absent and provides a medical
certificate or other documentary proof in support, employers are
still suspicious about the genuineness of the absence.
The question remains: when can an employer challenge or not
accept the validity of a medical certificate provided by an
employee to explain an absence from work?
THE STARTING POINT
The general rule is that a medical certificate or other
documentary evidence specified as evidence of illness or injury
must be accepted as evidence of that illness or injury.
An employer who is merely suspicious about the validity of a
medical certificate will generally be obliged to accept the
certificate as valid, notwithstanding those suspicions, unless
circumstances exist that enable the employer to challenge or reject
the certificate. Generally it will only be where unusual or
exceptional circumstances exist that an employer can reject the
validity of a certificate.
