D6a6 - What is the situation regarding the continuing payment of wages in cases where the employee has not delivered a medical certificate to his employer?

The obligation to present himself at his place of work, or else to explain his absence and provide supporting documents, is an elementary obligation of the employee.

Also, according to consistent case law, any absence is unjustified for so long as the employer does not have a sickness certificate in his possession.

If no medical certificate is delivered and work is not being performed, the employee is not entitled to the payment of wages because wages are the quid pro quo for work done.

The employer is therefore entitled to suspend, or even withhold payment of the wages, for any unjustified absence.

Examples
The employee is absent without justification on 7 May.

The employer may deduct from the wage for the month of May the equivalent of the remuneration which the employee would have received for working on 7 May.

If, subsequently, the employee justifies his absence of 7 May, the employer will have to pay out the amount deducted.

The situation is different however upon submission of the certificate, which justifies the absence, and not only for the forthcoming period but also for the period that has already elapsed, provided that they are covered by that certificate.

It follows that an employee is required to deliver a sickness certificate to the employer attesting to his incapacity for work on the first day of his absence.

It should be noted that a collective agreement or internal regulations may provide that the medical certificate is not necessary for the first or the first two days of absence.

If there is no indication in the collective agreement and in order to avoid any misunderstanding, it is recommended that the employer indicate the procedure to be followed in internal regulations or in the employment contract.

Consequently, the employer may require a sickness certificate as from the first day on the basis that the wage is the quid pro quo for the work performed.

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