Medical certificate
A certificate ( ; Latin attestatio , "certificate", "authentication") is a word mostly used in the medical field for a certificate or a health certificate .
General
In everyday language it is usually understood to be a certificate of incapacity for work or school attendance , which is usually issued by the family doctor . A certificate is any type of (medical) certificate, for example an occupational health examiner can certify that someone is free from contagious diseases . A medical certificate can also be a doctor's letter that goes beyond the simple findings report and contains, for example, the diagnosis , the therapy carried out and a recommendation for further treatment by another doctor or dentist. The most common type of certificate, however, is the certificate of incapacity for work .
Legal issues
The employee must present the certificate of incapacity to work to the employer immediately at the beginning of his absence , but no later than after more than three calendar days in accordance with Section 5 (1) of the Continued Remuneration Act . Since doctors cannot differentiate between “real” and “simulated” illnesses (“ certificate of convenience”, “yellow leave certificate ”) for every clinical picture described by the patient , doubts can arise with the employer about the evidential value of a certificate.
Here the employer can fall back on the support of the health insurance companies or the medical officer . The medical certificate confirming the incapacity for work only has the meaning of a medical report for the decision on the entitlement to continued remuneration . According to Section 275 (1) No. 3b SGB V , the health insurance companies are obliged to obtain an expert opinion from the medical service of the health insurance company in order to resolve any doubts about incapacity for work . According to Section 275 (1a) SGB V, these doubts about incapacity for work are to be assumed in particular in cases in which employees are conspicuously often or conspicuously often only unable to work for a short period of time or where the incapacity for work often begins on a working day at the beginning or at the end of a week or the incapacity for work has been determined by a doctor who has become conspicuous through the frequency of the incapacity certificates issued by him. The examination must be carried out immediately after the medical declaration of incapacity for work has been submitted. The employer can demand that the health insurance company obtain an expert opinion from the medical service to check the incapacity for work. The health insurance company may refrain from commissioning the medical service if the medical documents available to the health insurance company clearly show the medical conditions for incapacity for work. The presumed use of the incapacity for work for private purposes (increased leisure time ) can be assumed in accordance with Section 275 (1a) SGB V if the absence rate of a particular employee is over 50% of the rate of colleagues within the same department ; then one can always assume “conspicuous behavior”.
If there are doubts about the incapacity of the officials is he obliged to transfer the authority to a medical exam and, if a medical officer deems it necessary to have also observed ( § 44 para. 1 BBG ).
Reward
The fee for certificates is based on the GOÄ no. 70 Short certificate or brief certificate, certificate of incapacity for work in the fee schedule for doctors (€ 5.36 at 2.3 times the rate) or according to BEMA no. 7700 of the scale of assessment of dental services .
Web links
Individual evidence
- ↑ Achim Lepke, breaches of duty by the employee in the event of illness as a reason for termination , in: NZA 1995, p. 1089
