With the cold and flu season fast approaching, it can be helpful to know your workplace’s sick leave policies ahead of time. Everyone falls sick or may get injured at some point in their lives and may need to take a few days off work to recuperate and recover. Most workplaces require you to submit a medical certificate from a registered doctor if you are taking more than two days off work due to an illness or injury, but many others may require one for even a single day off. Read on to find out more about getting a medical certificate online in Australia.
What does Australian law say about taking paid time off work due to an illness or injury?
According to The National Employment Standards specified under the Fair Work Act of 2009, employers are required to provide their part-time and full-time employees (but not casuals) with paid sick or carer’s leave, all termed under one umbrella term, “personal leave”. All employees, including casuals are entitled to some unpaid personal leave. However, the employer is entitled to ask their employees to provide a medical certificate as evidence for as little as 1 day or less off work.
As stated on fairwork.gov.au, “An employer can ask an employee to give evidence that shows the employee took the leave because they:
– weren’t able to work because of an illness or injury, or
– needed to provide care or support to an immediate family or household member (because of an illness, injury, or unexpected emergency affecting the member).”
However, you are not obligated to provide a medical certificate if you weren’t asked for it by your employer but failure to produce one when asked could prevent you from getting paid for your time off.
Can the medical certificate be dated after you started your leave?
In short, yes. If an employee woke up sick and had to take time off work to recover and dropped in a message saying so, but the nature of their illness prevented them from visiting the doctor the very same day, they may submit a certificate dated after the sick leave. The medical certificate should state:
– the date the certificate was issued
– the time period when the employee was deemed unfit for work by the practitioner
– the signature and AHPRA registration number of the practitioner.
If the medical certificate contains these details, it is permissible for it to be dated after the sick leave has already begun.
Can a doctor refuse to issue a medical certificate?
If the doctor believes that your illness does not require absence from work or is not convinced of the authenticity of your symptoms, they may refuse to issue a medical certificate. However, this happens quite rarely and most doctors will be happy to issue a medical certificate even if you wish for some time off due to declining mental health.
Can your employee refuse to accept a medical certificate?
According to the Fair Work Act of 2009, it is expected for all employers to accept all medical certificates submitted by their employees at face value unless there is reasonable doubt that the evidence provided is not sufficient for the nature of the illness or injury. For example, in case of fit-to-work certificates, an employer may request further proof from the employee to deduce if they are truly fit to return to their normal responsibilities after an injury. However, before outright rejecting a medical certificate, employers are expected to give the employee the opportunity to provide further evidence and communicate clearly what they believe to be lacking in the certificate provided and seek legal help.
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