# Fit for work certificate?



## Dubyo85 (19 May 2020)

Hi could anyone give me some advice I was off work sick for 5 weeks. My company want a fit for work certificate but my gp has changed their policy and no longer provide them. I stuck I can't work without the cert as its my companys policy but doctors policy won't do them. 
Who is right and what should I do? 
Thank you in advance to anyone who cvan help me


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## Familyman77 (19 May 2020)

Has your GP refused on covid 19 grounds


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## Dubyo85 (19 May 2020)

Familyman77 said:


> Has your GP refused on covid 19 grounds


No just changed their policy at the start of the year


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## Familyman77 (19 May 2020)

I've never heard that before to be honest. Can you go to a different GP?


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## Dubyo85 (19 May 2020)

Familyman77 said:


> I've never heard that before to be honest. Can you go to a different GP?


Unfortunately not cert must come from my own gp


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## Up Rovers (19 May 2020)

Dubyo85 said:


> Unfortunately not cert must come from my own gp



Not really sure who would be the best people to call but if it were me I would be making a few quick phone calls to possibly the  to ask their advice or ICGP.  If they are not the right people to deal with they should be able to refer you on. 

Would have thought that as your doctor has a duty of care they should be able to see the distress they are causing by not helping you out in this matter especially during Covid19.

If you get nowhere with that route ask your GP to provide a letter confirming that they no longer provide this service and give that to the company.  They must surely have a company doctor that they can refer you to instead to meet their request.  If you are a member of a trade union consult your representative.


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## Dubyo85 (19 May 2020)

Up Rovers said:


> Not really sure who would be the best people to call but if it were me I would be making a few quick phone calls to possibly the  to ask their advice or ICGP.  If they are not the right people to deal with they should be able to refer you on.
> 
> Would have thought that as your doctor has a duty of care they should be able to see the distress they are causing by not helping you out in this matter especially during Covid19.
> 
> If you get nowhere with that route ask your GP to provide a letter confirming that they no longer provide this service and give that to the company.  They must surely have a company doctor that they can refer you to instead to meet their request.  If you are a member of a trade union consult your representative.


Thank you for your help i did get a letter from gp stating that they no longer do certs but company wouldn't accept that I will take your advise thanks again


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## Baby boomer (19 May 2020)

Your employer can't demand the impossible! They want a "fit to return" cert from your own gp. Your gp has confirmed in writing they don't provide this service.  (As an aside, I can't understand why, but if they don't, well they don't.) You've offered to get a cert from another gp; your employer won't accept that either.  That's just silly buggers stuff and utterly unreasonable.  

You need to have a sensible conversation right away with someone who is senior enough to make decisions in HR.   If that doesn't work, put things in writing (or email) stating clearly:
1.  You're fit to return
2.  Your gp doesn't provide return certs
3.  You can get one elsewhere if they wish

and ask them, what, if anything else, they might require of you, to allow you return.  This should unlock things.  If it doesn't, then there's something else going on and you need to protect yourself.  

If they don't allow you back, you can follow up with a WRC case for unpaid wages and possibly unfair dismissal.


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## cmalone (20 May 2020)

A ‘fit very’ is typical for an employee who has been on extended sick leave and is simply an assurance to employer that you are indeed fit to carry out the role or need some accommodating measures to help you return. 

you don’t state why you were off - what happened ? this usually determines the reason an employer might ask. If you can’t provide the cert /the company’s own nominated doctor or the occupational department will advise.








						Fit to work | Peninsula Ireland
					

Read our fit-to-work advice guides for employers, or contact us for further HR, Health & Safety and Employment law advice.




					www.peninsulagrouplimited.com


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## Clamball (20 May 2020)

Tell your company that your GP no longer does these type of certificates but you are happy to go see the company’s doctor for their opinion.  There are many professional services the company can use, the onus will then be on them.  Your company is not being very helpful in this regard, and you seem to be jumping through hoops to comply.


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## Purple (20 May 2020)

It is reasonable for your company to insist on a letter certifying you as fit to work. It is not reasonable that they stipulate that you must get it from your own GP.


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## Leo (20 May 2020)

Might be time to find a new GP. Fit.ness to return certs are a standard requirement of most workplace insurance policies. Legal advice to employers is they should not allow anyone who was on extended leave to return to duties without such a cert. The Public Service even demand such certs, so it's not helpful that your doctor has decided to stop issuing them.


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## PaddyBloggit (20 May 2020)

Leo said:


> Might be time to find a new GP



Not as easy as you think. It's almost impossible to move to a new GP in my part of the country now.


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## Sue Ellen (20 May 2020)

PaddyBloggit said:


> Not as easy as you think. It's almost impossible to move to a new GP in my part of the country now.



It is hard enough for private patients but tougher again for people on medical cards.  Covid is probably making this situation worse also.


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## zsuzsa (20 May 2020)

I wonder if the issue is that the GP no longer provides them free of charge to medical card patients as they are not reimbursed for doing so, will they do it if you pay them for it? If this is the case, you can raise the issue with the PCRS or your local TD but maybe pay and keep a receipt in the meantime if you need the cert now. There are many services that are not covered under the medical card scheme e.g. some GPs will see an under 6 for free but charge for a letter for the creche as the under 6 scheme doesn't cover for that.


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## becky (20 May 2020)

Will they verify the sick cert they issued you was the last cert. I have seen these after a long absence.

Is it they don't want to certify you're fit for work I wonder.

As we're a big employer we have an Occ Health Department, so fi.tness for work is usually done by them in conjuction with the Manager.

Actually now that I think of it we got a letter from a GP stating the employee couldn't work Wednesday but wanted full hours ie: weekend hours for the premium pay.

We didn't accept it.


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## lughildanach (21 May 2020)

Check your contract.  If the contract requires you to get a certificate, you could have some difficulty.  

However, if there is no mention of it in your contract, then you are entitled to return to work as long as your employer has work available for you.  If you are available for work and your employer does not allow you to work, they must continue to pay you wages.  You may have a complaint under Payment of Wages Act or for breach of contract.

If you're in a Union, speak to them for help, or seek other professional assistance if you are unable to persuade your employer yourself.


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## cmalone (21 May 2020)

Expect could be some issue with person’s ability to carry out the role. The condition was not advised. Employer may need to make appropriate adjustment / accommodation for the staff member.


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## Brendan Burgess (22 May 2020)

Leo said:


> Fit.ness



OK.  I classified the original word here as spam as it was being used in a lot of spammy links.

I thought it might cause a problem with "fitness and probity" but I wasn't anticipating this problem.

Brendan


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## Leo (5 Jun 2020)

WillieBradny said:


> Your employer does not have the right not to allow you to go to work without a certificate. I



Yes, they do. You think the unions would let the public service away with demanding such certs before allowing staff to return if they weren't entitled to?


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## lughildanach (9 Jun 2020)

Leo said:


> Yes, they do. You think the unions would let the public service away with demanding such certs before allowing staff to return if they weren't entitled to?


Its not as simple as that.

It depends on the contract, and on the statutory and contractual obligations on the employer and employee.  The employer has an obligaiton to provide a safe workplace.  If they consider that a fit.ness to work certificate is required, then they have an obligation to do that.  An employee has an obligation to co-operate with any health and safety measures put in place by the employer.  Best practice is that these obligations and any requirement for a fit.ness cert be included in the contract, but where this is not specifically included, it can be implied by the practice in the sector involved.  However, if it is not generally required in the industry and where it is not specifically required in the contract, an employer could face difficulty.  Of course the employer can insist on a certificate, but if the employee cannot provide one for a valid reason, the employer may have an obligation to continue payment to the employee if they are available for work.


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## Leo (9 Jun 2020)

lughildanach said:


> Its not as simple as that.



Yep, fair enough. I think it's safe enough to assume here that a company that insists it's their policy that these are supplied can indeed point to a copy of that policy as may be required.


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