Sick Leave Certification

Written January 29, 2025 at 6:06 pm

TO                         :    ALL Medical Practitioners

FROM                   :    The Medical Board of Trinidad and Tobago

SUBJECT              :    Sick Leave Certificates and other matters which have ethical and legal implications

DATE                     :   16th April 2003

Having regard to a number of enquires, Medical Practitioners are advised of the following:

SICK LEAVE CERTIFICATION

  1. A Certificate for Sick leave may be issued in circumstances where a Doctor/Patient relationship exists and where it is determined that a condition/disease exists which‚ in the interest of the patient‚ will be better served by absence from work and /or thephysical/health welfare of the community or other persons in the workplace is threatened.
  2. It is within the right of the employer to (where some suspicion exists or otherwise) question‚ seek more information or (after proof of fraudulent certification) evendeny the employee the application for sick leave. It is also within the right of the employer‚ in questionable circumstances‚ to seek a further opinion wherewarranted.
  3. Where there is some evidence that the validity of sick leave certificate is inquestion, it is within the right of the employer to enter a complaint to the Medical Board of Trinidad and Tobago for further inquiry.
  4. The foregoing notwithstanding‚ in certain circumstances‚ a case may be made out(in a Court of Law) for fraud against either or both parties. ( The conduct of an inquiry by the Board into a matter of this nature is not contingent on a finding of guilt in a court of law but rather is to be conducted as an independent inquiry by the Medical Board of Trinidad and Tobago).
  5. The issue of a false sick leave certificate is in breach of the Medical Board Act (Section 24  [5]  [c]).   It is therefore  illegal to issue a sick leave certificate inconsistent with the requirements of paragraph 1 above.
  6. Furthermore‚ the Medical Board Act (Section 24  [5]   [c]) specifies that a medicalpractitioner shall be deemed to be guilty of infamous or disgraceful conduct whoknowingly gives a false sick leave certificate.   Such conduct therefore is unethical conduct.
  7. Where there is proof that a medical practitioner has knowingly issued a false sick leave certificate‚  such practitioner will be liable to the sanctions as provided for under Section 24 [2] of the Medical Board Act namely:
    • Censure or reprimand
    • Suspension for a period not exceeding two years; or
    • Erasure from the Register/revocation of his/her temporary licence as the case may be.
  8. Where after due enquiry the practitioner has been deemed guilty of infamous ordisgraceful conduct‚  such finding will form part of the permanent records of themember/ licensee (and will of necessity have to be part of the information that willbe included in a letter of good standing – which may be required by otherregistration or professional bodies etc.).
  9. The issue of a false sick leave certificate has been deemed to be serious professional misconduct by the court.
  10. Where a medical practitioner seeks to extract from another practitioner a sick leave certificate in circumstances where the conditions are not fulfilled‚ such practitioner requesting the certificate could be deemed guilty of infamous or disgraceful conduct under Section 24 [5] [i] of the Medical Board Act and be subject to the sanctions of Section 24 [2] of the said Act.

ABONDONMENT‚   NEGLIGENCE   AND   GROSS NEGLIGENCE

  1. Medical Practitioners are strongly advised that every effort should be made to ensure – to best of their ability – that medically challenged persons are notdisadvantaged in any way or their health status compromised.
  2. Practitioners are further advised to be circumspect in their actions which canconceivably lead to allegations of either (i) abandonment of patients as providedfor in the Medical Board Act (section 24 [5] [b] ) or (ii) of ( medical)negligence.Even more seriously‚in given circumstances‚ some actions can be deemed to be those of gross medical negligence or manslaughter .
  3. These guidelines are issued by the Council of the Medical Board of Trinidad and Tobago with a view to guiding and assisting Medical Practitioners in the interest of their own professional safety and holds itself available to offer further guidance and advice.
  4. Members are also urged to seek‚ and should avail themselves of advice from the Medical Protection Society.
  5. In the interest of ethical practice.

 

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