The most common cause of absenteeism is the deterioration of the health of the employee. But what if the disease is confirmed only by a doctor's note and sick leave the employee will not be issued?
The courts have different attitudes to the evidence of temporary incapacity to work: there are solutions, according to which a regular medical certificate confirms that the employee missed work for a good cause. Lack of hospital in this case can only affect payment for days of absence at work, but not talking about committing truancy.
However, there are decisions that needs sick leave, because in all other documents there is no conclusion about the ability of the patient.
Given such a discrepancy in views of courts, it is better to issue a piece of disability, even for one day.
If the employee has applied for sick leave on the day following the absence (for example, because the hospital was closed), and the hospital was decorated, the first day of sickness absenteeism to consider too.
Definitely valid reason may not be recognized – treatment at home without going to the doctor and a medical examination without a referral from the employer.
In any case, the courts proceed from the fact that treatment in a hospital or doctor has to end, or design of a leaf of invalidity or issuing a certificate containing a conclusion about the impossibility to fulfill their duties.
A situation when an employee is absent without registration sick leave due to illness of the child, courts consider as a valid reason, if there is a certificate from a pediatrician. Also, you cannot fire an employee missed work in connection with the appeal for emergency medical care for a child.
If an employee, while on sick leave, returned to work and without warning left the workplace, dismissed for absenteeism, as about rehabilitation says only closed sick list.
Extenuating circumstances are recognized as: an absence from work for urgent emergency works at home; in connection with travel to and from schools provided official student leave; in cases of participation in court proceedings (when subpoenaed) as plaintiff, defendant or witness. However, given that participation in the court as a representative is voluntary, absence from work without approval of the employer in this case is the absence.