The doctor refused to issue a sick leave retrospectively? Is he acting correctly?

Mgr. Nikola Šedová
14. October 2025
1 minute of reading
1 minute of reading
Legal news

Many patients run into the same problem – they don’t feel well, but they don’t get to the doctor until a few days later. “I can’t issue you a sick note retrospectively.” But that’s not always true. The law specifically allows the doctor to issue sick leave retrospectively – under certain conditions.

Sick leave up to 3 days in arrears? Yes, if that makes sense

The Sickness Insurance Act allows a doctor to recognise temporary incapacity for work up to 3 days in arrears. However, he or she must have a basis for such a decision – for example, clear symptoms of an illness that has been going on for several days and that has prevented you from coming in earlier (for example, severe digestive problems, immobility or high fever).

Doctors are sometimes afraid of being held liable if they retrospectively issue a sick note, but if they have adequate records and follow the law, the risk is minimal. Importantly, it is not the patient’s right to retrospective issuance, but the physician’s option, which he or she can – and sometimes should – exercise.

How do I defend myself when a doctor refuses?

If your doctor refuses to issue you a sick note retroactively and you believe he or she had a reason to do so, don’t be afraid to ask for an explanation in the medical record. You can also contact the health insurance company’s reviewing physician or change your registering physician.

Remember, this is not an exception for “dodgy” patients. It is a legal tool for situations where a medical condition objectively did not allow an immediate visit to the doctor’s office.

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