Sick Leave....The Grey Areas?

[inquisitive lobster]

Hi There,

Firstly thanks for taking the time to read my post and I hope that this post can also help other business owners with their questions regarding sick leave as well.

So an employee is entitled to 30 days annual sick leave as per section 32.

What I wanted to find out was:

1.) Can an employer request a medical certificate every time an employee takes sick leave?

2.) Can a medical certificate be issued by a nurse or must it be a doctor?

3.) In Section 32 it states "An Employee is entitled to sick leave as long as he or she is actually sick" ; How does one prove that they are actually sick and thus be entitled to sick leave?

If anyone has any answers regarding this it will be highly appreciated.

Regards,

IL

[blackcab]

1. Yes. We do. Even for 1 day.

2. Not sure, but doctors normally sign because nurses in Thailand don't diagnose patients (as far as I am aware).

3. By providing a sick note (unless you are employing a doctor, in which case you are probably going to have to take their word for it).

[johnatong]

1. Yes. We do. Even for 1 day.

2. Not sure, but doctors normally sign because nurses in Thailand don't diagnose patients (as far as I am aware).

3. By providing a sick note (unless you are employing a doctor, in which case you are probably going to have to take their word for it).

I would suggest a policy of demanding a "sick note" for one days absence is totally unreasonable.

Repeated short term absence should, in my opinion, be treated as a disciplinary issue.

[inquisitive lobster]

Hi There,

Thanks for the replies.

Regarding the 3rd question ( How does one prove that they are actually sick and thus be entitled to sick leave), can a nurse issue someone a sick note which can in turn be used to get sick leave pay?

Regards,

IL

[johnatong]

Hi There,

Thanks for the replies.

Regarding the 3rd question ( How does one prove that they are actually sick and thus be entitled to sick leave), can a nurse issue someone a sick note which can in turn be used to get sick leave pay?

Regards,

IL

Why would you want to "prove" someone was sick ? Do you really think a "certificate " is proof of illness ?

A "certificate" is easily obtained if you insist on one.

I can obtain such a certificate for 50Bht and would do so if I worked for an a-hole.

Grow up and learn some management skills.

[Asiantravel]

Hi There,

Thanks for the replies.

Regarding the 3rd question ( How does one prove that they are actually sick and thus be entitled to sick leave), can a nurse issue someone a sick note which can in turn be used to get sick leave pay?

Regards,

IL

Why would you want to "prove" someone was sick ? Do you really think a "certificate " is proof of illness ?

A "certificate" is easily obtained if you insist on one.

I can obtain such a certificate for 50Bht and would do so if I worked for an a-hole.

Grow up and learn some management skills.

" Grow up and learn some management skills. "

how unnecessarily rude . looks like we have already identified an a-hole

[blackcab]

1. Yes. We do. Even for 1 day.

2. Not sure, but doctors normally sign because nurses in Thailand don't diagnose patients (as far as I am aware).

3. By providing a sick note (unless you are employing a doctor, in which case you are probably going to have to take their word for it).

I would suggest a policy of demanding a "sick note" for one days absence is totally unreasonable.

Repeated short term absence should, in my opinion, be treated as a disciplinary issue.

In the West, I agree. In Thailand when managing qualified staff, I also agree. In Thailand, when managing less qualified staff, I disagree.

I've managed all of these types of staff. I've also disciplined staff in Thailand, and the disciplinary process didn't work for the company.

Do you have experience of managing staff in Thailand? Have you used the disciplinary procedure with them? Have you dismissed a member of staff? How did it go?

I found it extremely difficult to dismiss really bad staff without having to pay severance pay. It's tough to get rid of bad staff in Thailand. As such the only solution seems to be strict policies in the company handbook, strong employment contracts and strict procedures.

All of this is provides a tool for the company to use for poorly performing staff.

I understand what you say about good management, but in my experience management in Thailand is a different thing to management in the west.

[janejira]

I don't know the law, just the policy where I work.

A medical certificate is required for an absence of 3 days or more.

If you are admitted to the hospital, then usually someone from HR will go visit you. Part of this (I think) is genuine concern, and I think another part is to gauge when you can be expected to be back at work.

Our management has 'caught' quite a few people calling in sick when they aren't through pictures on their social media accounts. When they come back to work they are issued a verbal or written warning depending on their history of offenses.

[inquisitive lobster]

Hi Guys,

Thanks for all the great replies.

Okay, so I managed to find out that a signed note from a NURSE qualifies as a sick note but one signed from a doctor qualifies as a MEDICAL CERTIFICATE.

What I found out is a note from a nurse takes only five or so minutes as you can simply walk into a clinic and get it BUT a note from a doctor requires the doctor to first examine you before issuing a note.

So for all those employers I suggest setting a policy for accepting MEDICAL CERTIFICATES only as the work requires the employee to be in good health.

Regarding johnatong:

Hi There,

Thanks for the replies.

Regarding the 3rd question ( How does one prove that they are actually sick and thus be entitled to sick leave), can a nurse issue someone a sick note which can in turn be used to get sick leave pay?

Regards,

IL

Why would you want to "prove" someone was sick ? Do you really think a "certificate " is proof of illness ?

A "certificate" is easily obtained if you insist on one.

I can obtain such a certificate for 50Bht and would do so if I worked for an a-hole.

Grow up and learn some management skills.

Why would I want to prove someone was sick?

Well from my perspective, if I am going to be paying someone money, I would require labour time in return.

No Labour Time = No Money

While it is unfortunate that people may not be able to come to work due to things out of their control, for example, being sick, I would actually expect them to be sick. HOWEVER, if they are using "sick leave" to get a day off AND get paid, well that's not fair to me or the other employees who now have to work harder in order to "pick up the slack".

Your other question " Do you really think a certificate is proof of illness"

Well not a proof of illness, but a proof that the person actually went to a doctor to be examined so as to make sure there is nothing wrong with their health.

If there is something wrong with their health then the doctor can prescribe medicine/rest and we will of course pay for work missed due to illness so long as that certificate is presented to us.

If there is nothing wrong with their health, then we know that the employee is in good health and can resume working but we will still pay for the work that was missed during the time the employee went to see the doctor, so long as that certificate is presented to us.

I can obtain such a certificate for 50Bht and would do so if I worked for an a-hole.

It is such a relief to hear that you are capable of navigating your way to a hospital/clinic in order to retrieve such information as this would be necessary in the event that you were to damage your hand (and/or computer) as a result from getting angry from a post on a forum.

Grow up and learn some management skills.

Normally when I have nothing to add to a conversation, I would remain quiet, but you sir....You are a true gent and scholar with such deep thinking and artistic wordplay......I am truly astounded by your level of critical thinking analysis and your ability to read.......

"Grow up and learn some management skills" a phrase that should have been coined in the halls of scholarly Gods where Shakespeare himself would have been dumbfounded by such skill with the written word.

Thank you sir for your advice and to finish this post I would like to ask you a question which I am sure you are capable of answering given your vastly superior intellect of such things;

Do you happen to know the meaning of the word "sarcasm" ?

I can obtain such a certificate for 50Bht and would do so if I worked for an a-hole.

[JaseTheBass]

1. Yes. We do. Even for 1 day.

2. Not sure, but doctors normally sign because nurses in Thailand don't diagnose patients (as far as I am aware).

3. By providing a sick note (unless you are employing a doctor, in which case you are probably going to have to take their word for it).

We do as well.

It's amazing how no one now has a sick day on a Monday...

Also, those crippling 'women's problems' are now quite sufferable...

[ctrl alt delete]

Is Sick Leave can be brought forward to next year?

I understand that the annual leave (10 days) can be carried over to next year if the staff did not use it.

How about the sick leave, can that be brought forward to next year?

Aside from Annual Leave & Sick Leave is there any other leave that a staff is entitled to have in a year and how many days?

Thank you in advance