Does an employer have the right to demand a medical certificate every time an employee takes sick leave?

Does an employer have the right to demand a medical certificate every time an employee takes sick leave?

The Labour Protection Act allows employees to take sick leave for as many days as they are genuinely ill. Wages need to be paid for 30 workdays, while the rest is deemed unpaid leave.

Taking false sick leave is dishonest conduct punishable in line with the company's regulations - from a verbal warning to dismissal without compensation.

Section 32 of the Labour Protection Act BE 2541 states that the employer can demand a medical certificate from an employee who calls in sick for three consecutive workdays. But, some companies unlawfully insist on employees backing up even a day's sick leave with a medical certificate. Failing to comply results in the manager denying approval.

What will happen?

It can go on record as unauthorised absence, incur a wage cut, disqualification from the monthly diligence incentive, a black mark on the performance appraisal, which, in turn, affects salary hikes and other incentives.

In this case, the employer is unlawfully abusing his authority. Repetition of this, along with other forms of abuse, leads to an accumulation of grievances, participation in union's activities, high staff turnover and litigation in the Labour Court.

In short, the law clearly states that only when the sick leave extends for three consecutive workdays can an employer demand a medical certificate.

The employee has the right to refuse an unlawful order and not submit a medical certificate if the sick leave is less than three consecutive

work days.

Supachai Manusphaibool is managing director of MR&TS, a cross-cultural management consultancy. Send your questions to mrts@ksc.th.com