Leonardo Blair, Staff ReporterWHILE THE Jamaica Confederation of Trade Unions (JCTU) has rejected the idea of managers questioning the veracity of sick certificates by employees, the Jamacia Employers' Federation (JEF) says managers have every right to do so.
"First of all, I completely reject the notion that any non-medical personnel, such as a human resource manager, can question the legitimacy of a medical certificate," said Senator Dwight Nelson, JCTU president.
"No manager, in my opinion, can reject a medical certificate, unless they can produce empirical evidence that the opinion is flawed."
COMPANY EXAMINATIONS
Senator Nelson contends that if a manager has suspicions about the veracity of a medical certificate, the law allows the company to have its own doctors do an examination of the employee. If the medical opinions differ, it would then be the chief medical officer's call to make a ruling, not the employer.
However, Jacqueline Coke-Lloyd, executive director of the the Jamaica Employers' Federation, said there is nothing wrong with managers questioning the veracity of of a doctor's signed statement regarding an employee. In fact, they have every right to do so, she said.
"Of course, managers have a right to question the certificates, particularly if they see a trend," said Mrs. Coke-Lloyd. "If there are sufficient grounds, employers have the right to question these certificates."
CERTIFICATES SOLD
While the problem has not been brought to the federation as a major issue, Mrs. Coke-Lloyd said the JEF has been informed of instances where medical statements were being sold.
"I am not saying that it is an indictment of the medical profession, but it goes back to the integrity of the individual (employee)," she said.
The issue of medical certificates came up earlier this month when Professor Lawson Douglas, in a letter to the editor, expressed concern over human resource managers questioning the veracity of medical statements.
In a response last week, Allison Dreyfuss, a human resource
manager, defended the questioning of medical certificates in a letter to the editor. "When an employee presents a 15-day sick certificate for 'lumbar myalgia', and is subsequently seen driving his taxi during the busy Christmas period, should that be questioned?" she asked.
The Medical Association of Jamaica could not be reached for a comment on the matter.
