Förstadagsintyg : Ett misstroende eller en utsträckt hand?

Sammanfattning: The purpose of this paper is to investigate and analyse the employers legal right to demand a medical certificate from an employee from the very first day in a leave of absence due to illness. Further the paper will investigate the possible consequences and repercussions that an employee faces if he or she is not willing or able to procure a medical certificate by the demand of an employer. A minor comparative study about work security during illness and sick leave in Sweden and Denmark will be carried out and analysed. To gain a broader perspective on sick leave a gender perspective will be analysed as well. The paper is largely based on a doctrinal method of traditional legal analysis. Due to the change in legislation regarding sick pay paid by employer in 2008 all employers without collective agreements gained the right to demand a medical certificate from an employee. Reasons behind the requests can vary from an early start in rehabilitation to the suspicion of unrightfully use of sick pay. The general rule in Sweden unlike Denmark is that you cannot be dismissed due to illness, and there are comprehensive obligations for an employer to partake in the rehabilitation and return to work for an employee. Permanent reduced capacity for work or lack of cooperation in the rehabilitation process by the employee stipulates exceptions for dismissal due to illness. By not procuring a medical certificate an employee could consequently face dismissal.