Is this legal? how can I travel if I am sick and unable to work? what course of actions would you suggest?
Thanks in advance for your support!
So basically after a couple of weeks off abroad under sick not the Employer mentioned the stop of wages till I get an examination from their doctor?
Are you really sick enough that you can't get on a plane and return to Switzerland? If so get a doctors note stating this along with copies of tests etc and send them to your employers Doctor.
See a doctor where you are, get a note, scan it and send it to your employer. This should be sufficient.
In your contract is should state from which day sick you have to provide a doctor's note (normally 3rd or 4th I think). Your employer is well within their right to withhold payment if you break the terms of your contract.
I already sent all the sick notes to my Employer but they just stated that the wages would stop till I see their doctor in person (no remote allowed).
It is kind of weird because the fact that I would travel under sick note is going to nullify the notes itself.
But not one that specifically states that you are too sick to return to Switzerland.
In that case best lawyer up. Normally all this will be covered in your employment contract. Have a read through and see if there is any mention of needing to be seen by a company doctor and after how much time.
If it's only been a couple of weeks then that seems to be on the short side to me.
And this!
oh ok, I guess any sick note would imply the impossibility to travel; shall it mentioned CH or just the inability to travel?
No, it depends on the reason why you are off sick. You can travel with a broken arm.
Did your employer know you were (working) abroad or was it a holiday?
Indeed too short but that's what happened! Aside lawyers is there a possible shortcut to move things forward without involving the usual normal procedures?
I just travelled back on the weekend and had a relapse of a previous medical condition and this time I am trying to take things a bit more careful (gastroenteritis related) so got a sick note which doesnt state the impossibility to travel.
Maybe reply and make reference to your contract that the time elapsed is too short to warrant such a request? The ball will be at least in your employers court to provide some more reasoning.
How long have you been off sick in total?
Have you sent the note from the Swiss doctor timely as they had requested from your previous post?
How far are you?
Can you work remotely?
Are you having other issues with your emplyoer?
That he's abroad is largely of no consequence. At any time the employer can appoint a different doctor for the purpose of confirming inability to work but if still under a credible sick note to be asked to return for such an assessment is a little absurd. Seems the best thing would be for the employer to arrange another assessment where the OP is and/or to arrange some kind of telephone doctor's appointment. As mentioned already it could well depend on the nature of the inability to work. Someone mentioned a broken arm. Something like that would seem to me to be something that would be easy to verify.
The employer can refuse to pay wages if the medical assessment is refused and the sick pay could in any case run out in as little as three weeks depending on the contract and length of service.
The contract is pretty vague on this point and honestly the hr answers seem pretty unprofessional (she is at associate level) ...should I escalate?
- around 20 days give or take
- I sent the note directly to my Employer
- Not well at all, barely staying vertical
- It depends the time of the day, but I would say kind of overstretched in my condition (abdominal pain and back given to a stupid kidney stone)
- I am under get fire or quit so they might think on the bad side even thought is just a coincidence of time
If Feb you were asking us to comment on a reference letter and leaving your accommodation in the expectation of taking up a new one later after a 40+ day trip abroad...
They most likely have their doubts about you....
I am a representative of a firm involved in the automotive industry (used spare parts) so it happens that I have to relocate for a relative short period of 2/3 months so I am between service apartment and countries most of the time.
Besides, pretty obvious they have some doubts, yet have to take action somehow and on the honest side stop paying it seems a bit illegal without more solid grounds...
It's not at all illegal. The employer can impose this at any time and if you refuse they can withhold your pay. You need to make sure you have sufficient credible medical documentation to convince the employer or the employer's appointed doctor when you return, or a court that you were unable to work. If it goes to court and you win then you get your pay. Depending on where you are (like if you're in the EU) I would have thought it would be reasonable for the employer to appoint a doctor local to you. Documentation for a kidney stone could be scans, scan reports etc. I don't know how long treatment for a kidney stone should be. What medical intervention are you having while you're there?
That this happened abroad shouldn't really be an issue, depending on how far away you are. Ask your employer what you need to convince them first and then agree to be seen by a local doctor who they can appoint. Otherwise you'll have to defend your side when you return to CH.
It really does not matter what your job is, few people are capable of keep their business to themselves, all it takes is a casual comment from you or a fellow employee.
And they are fully entitled to require you to attend a company doctor in the circumstances. So you need to get a specific sick note indicating you can't travel at the moment. And even then you can expect that you will still have to attend the company doctor before being allowed to returning to work.
Perhaps a way forward would be to allow your doctor to discuss your case with their company doctor...
It does sound ridiculous: I think the burden of proof should be on the opposite end, they have to demonstrate that my sick note and doctor visit are not relevant, not myself having to convince them of the opposite.
I do have all the medical ultrasounds and visits from different doctor, a first Swiss sick note from an emergency room plus I am willing to get in touch with their doctor, just I can't travel.
Honestly the polarization towards the Employer in this community is a bit astonishing ... just totally witholding the salary is simply insane.
Regarding the stone, ofc I am under treatment as per my doctor indication.
Take it up with the federal government.