It can be expensive for an employer to have an employee who is ill for several short periods. For a manager, it is sure tempting to request a sick certificate from an employee from the first day of illness, a so-called first day certificate. What does the legislation look like here? Is it always permissible to demand this from an employee? Let’s find out what applies.

An employer must pay sick pay from the first day of the employee’s inability to work due to illness and the following thirteen calendar days of the sick leave period. According to new rules from 2019, the employer must make a qualifying deduction from sick pay. This deduction shall correspond to 20 percent of the sick pay.

First-day certificate possible for special reasons

If there are special reasons, the  employer can, according to Sjuklönelagen, request an employee to submit a sickness certificate from day one – so-called first-day certificate. Special reasons for a first-day certificate can be, for example, repeated and short illness occasions or extended control in connection with rehabilitation. It is also good to know that it is possible to agree on first-day certificates through collective agreements. This then replaces the provisions of Sjuklönelagen.

A decision on a first-day certificate shall be in writing and the duration shall not exceed one year. If the company is bound by a collective agreement, there may be a requirement to negotiate the issue of first-day certificates. Therefore, do not miss to check what is stated in your collective agreement, if you have any.

Individual assessment must be made at first-day certificate

It is not possible to introduce a general requirement for all employees, or, for example, for a specific department to submit first-day certificates, but the employer must carry out an individual assessment. It is not allowed to require first certificate as a punishment of an employee. An employer may also not use its right to require first-day certificates in an arbitrary or otherwise improper manner, as this may be considered contrary to good practice in the labour market.

In some cases, the employee may have an acceptable reason for not being able to show a medical certificate, for example, if the employee has tried but not succeeded to get a doctor’s appointment. This may also apply if the employee – due to the illness – has not been able to get to a doctor. An example is if the employee is affected by winter vomiting disease. Failure to submit a first-day certificate may ultimately lead to dismissal for personal reasons, as the absence is then considered unlawful.

Information that needs to be in the sickness certificate

The sickness certificate may be required to state the extent to which the ability to work is reduced and the length of the period of sickness. The certificate itself does not need to contain any detailed information about the illness the employee suffers from. However, the certificate must contain a clear description of the employee’s condition and symptoms. In addition, there must be a description of how the problems affect the ability to work.

If a medical certificate is incomplete or does not contain sufficient information for assessing the impairment of working capacity, the employer does not have to approve the medical certificate.

For obvious reasons, the sick certificate contains sensitive information about the employee, so make sure that your handling of the sick certificate complies with the GDPR. The employer has the right to withhold sick pay if the illness is not proven from the first day.

As it is common to have long waiting times for health centers – which are not actually obliged to issue sick certificates either – it is recommended that employers offer employees an opportunity to contact an occupational health service or a private doctor in the event of future illness. The employer should cover the costs of the first day certificate.

Summary

• Qualifying deduction instead of waiting period
• Special reasons must exist for the employer to be entitled to request a first-day certificate
• The decision on the first-day certificate shall be in writing and the duration shall not exceed one year
• Could be needed co-negotiate
• Individual assessment must be carried out
• In some cases, an employee has an acceptable reason for not presenting a medical certificate