May 17, 2019 on chapter Parental leave
Is there a time limit that an employee cannot return to work after giving birth? Should we request a doctors’ certificate stating the employee is fit for work if she wishes to return within the first 6 weeks after giving birth?
There is no legal requirement for an employee to provide a medical certificate if they wish to return to work within the first 6 weeks after giving birth.
You may have the right to direct an employee to provide a medical certificate, however the direction must be one that is considered to be lawful and reasonable.
This will depend on whether there is a genuine need for evidence of their fitness to work or there is cause to be concerned that the employee cannot perform the inherent requirements of their role.
