Anja Pich is a commercial lawyer and the Managing Lawyer at Lawpath. She practises across all areas of commercial law and advises businesses of every size, from first-time founders to established companies, on their legal, regulatory and commercial needs.
Medical certificate rules in Australia let you, as an employer, ask for evidence of any sick or carer’s leave, even a single day off, as long as the request is reasonable. Under section 107 of the Fair Work Act 2009 (Cth), that evidence has to satisfy a reasonable person, and a medical certificate or a statutory declaration will do the job.
Here’s the awkward bit. Most small business owners only think about sick leave rules when something already feels off: a third Monday this quarter, a certificate that looks dodgy, a team member who’s gone quiet. By then you’re making policy up on the fly. The good news? The rules are simpler than they look, and you can get ahead of them in an afternoon.
- There’s no minimum absence before you can ask. The Fair Work Ombudsman confirms you can request evidence for one day off, or even part of a day.
- A medical certificate isn’t the only acceptable evidence. Statutory declarations, pharmacist absence certificates and telehealth certificates can all satisfy the reasonable person test.
- No evidence, no pay for that leave. If an employee doesn’t provide evidence you’ve reasonably asked for, they may not be entitled to be paid for the day.
- You can’t ask for a diagnosis or call the doctor for details. A certificate only needs to confirm the employee was unfit for work and for which dates.
- A written leave policy does most of the work. Set the triggers for when evidence is needed, apply them to everyone, and most disputes never start.
Is a Medical Certificate Required for One Day of Sick Leave?
It can be, if you ask for one. The Fair Work Act doesn’t set a minimum number of days before you can request evidence, and the Fair Work Ombudsman says plainly that employers can ask for evidence for as little as one day or less off work.
So where does the “two days” idea come from? Mostly from workplace habit and some enterprise agreements. Plenty of employers choose to only ask for a certificate after two consecutive days. That’s a policy choice, not the law.
One catch. Asking is fine. Demanding the impossible isn’t. If your employee wakes up with gastro on a Monday and can’t get a GP appointment until Wednesday, insisting on a same-day doctor’s certificate stops being reasonable. A statutory declaration or a certificate obtained a day or two later should cover it.
When Can an Employer Ask for a Medical Certificate?
Any time an employee takes paid sick leave, carer’s leave or compassionate leave, you’re allowed to ask for evidence. Unpaid carer’s leave is covered too, which matters for casuals. The core medical certificate rules come from the National Employment Standards in the Fair Work Act, so they apply in every state and territory for employers in the national system.
What the Fair Work Act actually says
Section 107 sets two obligations for the employee. Notice comes first: they need to tell you as soon as practicable that they’re taking leave, along with how long they expect to be away. That notice can come after the leave has started, so a 7am text is fine.
Evidence is the second. If you require it, they have to give you evidence that would satisfy a reasonable person that they were genuinely unfit for work because of illness or injury, or that they needed to care for an immediate family or household member. If they don’t give notice or evidence when required, they lose the right to be paid for that leave.
Notice what’s missing. The Act doesn’t say “medical certificate” as a must-have, doesn’t set a day count, and doesn’t let you dictate which doctor someone sees.
When awards and agreements change the rules
Check your modern award or enterprise agreement before you write anything. Either one can spell out when evidence is required and what form it must take. Look for the “personal/carer’s leave” clause.
Some enterprise agreements, for example, only require a certificate for absences longer than two days and accept a statutory declaration where a certificate isn’t practical. If your staff are covered by one of those, a policy demanding a doctor’s note for every single day won’t override it. The agreement wins.
What “reasonable” looks like in practice
Reasonableness is where most disputes live. Here’s how common situations tend to play out.
| Situation | Is your request or response reasonable? |
|---|---|
| Your policy says any Monday absence needs a certificate. Your employee couldn’t get an appointment and hands in a stat dec instead. | Accept it. The Fair Work Ombudsman uses almost this exact example and the employee was paid. |
| You ask one employee for certificates every time, but nobody else. | Risky. Taking leave is a workplace right, and singling someone out without a documented reason invites a general protections claim. |
| The certificate came from a phone or video consult with a GP. | Accept it. A telehealth certificate after a genuine consultation carries the same weight as an in-person one. |
| The certificate was issued on Wednesday and covers Monday and Tuesday. | Fine in most cases, as long as it shows the consultation date and the period the employee was unfit. |
| The certificate came from a website that issued it after a short online questionnaire, with no consult. | You’re on firmer ground asking for further evidence. Get advice before refusing pay. |
| Your employee won’t provide anything at all. | You can decline to pay that day as sick leave. You can’t discipline them for being sick. |
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What Counts as Acceptable Evidence for Sick Leave?
Australian medical certificate rules don’t lock you into one format. The Fair Work Ombudsman lists medical certificates and statutory declarations as examples, and says there are no strict rules on type. What matters is whether the evidence would convince a reasonable person.
| Evidence | Who provides it | Best for |
|---|---|---|
| Medical certificate | A registered doctor, in person or by telehealth | Any absence, especially longer ones |
| Absence from work certificate | A pharmacist | Short, minor illnesses like a cold or migraine |
| Certificate from another registered practitioner | A dentist, physio, psychologist or similar, within their field | Recovery from treatment they provided |
| Statutory declaration | The employee, signed in front of an authorised witness | When a same-day appointment wasn’t possible |
What a valid medical certificate should include
Australian Medical Association guidelines set out what doctors put on a certificate. When one lands on your desk, check for:
- the practitioner’s name and practice address
- the employee’s name
- the date of the consultation and the date the certificate was issued
- the dates the employee was, or will be, unfit for work
- the practitioner’s signature, handwritten or digital
What won’t be on it is the diagnosis. “Medical condition” is standard wording, and it’s enough. Employers often read a vague certificate as a sign of something to hide. It isn’t. It’s privacy working as intended.
Are online medical certificates valid?
Yes, with one important line. A certificate from an Australian registered doctor after a real phone or video consultation is valid evidence, and nothing in the Fair Work Act treats it differently from a paper one.
The line is the consultation itself. In its July 2024 newsletter, the Medical Board of Australia warned that writing a medical certificate is a medical service that needs a real-time consultation. Doctors working for “quick and easy” services that email certificates minutes after an online questionnaire, with no consult, may be breaching professional standards.
For you, that means a telehealth certificate is fine by default. A certificate from a questionnaire-only service gives you a legitimate reason to ask a follow-up question. It doesn’t give you a reason to refuse pay on the spot.
Are statutory declarations enough?
For short absences, yes. Making a false statutory declaration is a criminal offence, which is why the Fair Work Ombudsman treats it as acceptable evidence. Commonwealth stat decs can now be signed electronically and witnessed over video, so “I couldn’t find a JP” isn’t the barrier it used to be.
Our take: name stat decs in your policy as a fallback. It saves arguments when an employee genuinely couldn’t see anyone in time.
Who Gets Paid Sick Leave (and Who Doesn’t)?
Full-time employees get 10 days of paid personal/carer’s leave a year. Part-timers get a pro rata amount based on their ordinary hours. It builds up progressively through the year and rolls over if unused. Our guide to personal/carer’s leave entitlements walks through how it accrues.
Casuals are different. They don’t get paid sick leave, but they can take two days of unpaid carer’s leave per occasion, and you can still ask for evidence for that. Our article on sick leave for casual employees covers the details.
Pre-booked medical appointments trip people up too. Sick leave only covers them if the employee is actually unfit for work. A routine check-up isn’t sick leave, though day surgery that leaves someone unable to work is. You can ask for evidence to work out which kind of leave applies.
Can an Employer Reject a Medical Certificate?
Rarely, and only with a real reason. A genuine certificate from a registered practitioner that covers the right dates will satisfy a reasonable person. Rejecting it because you have a hunch the employee was at the beach is a fast way into a dispute you’ll probably lose.
There are legitimate grounds, though. A certificate that doesn’t cover the days of the absence, doesn’t say the employee was unfit for work, or comes from someone who isn’t a registered practitioner won’t meet the test. Neither will a forged or altered one.
What you can’t do
The Fair Work Ombudsman is clear on two points. It isn’t reasonable for an employer to attend an employee’s medical appointment unless the employee asks. And it isn’t reasonable to contact the employee’s doctor for further information about their condition.
You also can’t insist the employee sees a company-chosen doctor for an ordinary sick day, or demand to know what’s wrong with them.
What to do if a certificate looks suspicious
Slow down. Red flags include mismatched fonts, missing practice details, dates that don’t line up, or identical odd phrasing across certificates from different providers. None of them prove anything on their own.
- Write down exactly what concerns you and why.
- Raise it with the employee privately and give them a chance to explain or provide further evidence.
- Check the practitioner’s registration on the public register, which doesn’t involve their medical details.
- Get advice from an employment lawyer before you contact a medical practice, withhold pay or start a disciplinary process.
A forged certificate is dishonesty, and dismissals for it have been upheld. Get the process wrong, though, and you can lose a case you should have won. If the real issue is a pattern of absences, our guide on managing an employee who takes too much sick leave is the better starting point. Before you consider ending anyone’s employment, read up on terminating an employee on sick leave.
How to Set Medical Certificate Rules for Your Business
Most small businesses run on unwritten medical certificate rules. That works fine right up until you have to enforce one. A short written policy fixes it.
- Check your award or agreement first. If it sets evidence rules, your policy has to match them or be more generous.
- Pick clear triggers. Common ones are absences of more than one consecutive day, any day next to a weekend or public holiday, and single days once an employee has taken several unsupported ones in a year.
- List the evidence you accept. Name doctor’s certificates, telehealth certificates, pharmacist certificates and stat decs.
- Set a realistic deadline. “Within two working days of returning” beats “on the day”.
- Explain how certificates are stored. Keep them confidential, separate from general personnel files, and visible only to whoever processes leave.
- Apply it to everyone. Consistency is your best protection if a request is ever challenged.
Here’s an example clause you could adapt:
“If you take personal/carer’s leave for more than one consecutive working day, or on a working day immediately before or after a weekend or public holiday, you must provide evidence within two working days of returning to work. We accept a medical certificate from a registered health practitioner (including via telehealth), a pharmacist’s absence certificate, or a statutory declaration. We may also ask for evidence for any other absence where it is reasonable to do so.”
You don’t have to start from scratch. Lawpath’s Personal/Carer’s Leave Policy template already covers notice, evidence and how leave accrues. If you want annual, parental and other leave types in one place, use the broader Leave Policy template instead. Then point to it from each full-time employment agreement so new starters see the rules on day one.
Where Employers Get Medical Certificate Rules Wrong
Believing you need to wait two days. You don’t. That habit means many employers never ask for evidence on the single-day absences that actually bother them.
Tying all sick pay to a certificate. Some HR guides suggest employees only qualify for sick pay once they provide a certificate after two days. That’s not how section 107 works. The entitlement exists. Evidence is something you can require, and the employee loses pay only if they don’t provide it when you’ve asked.
Making the policy stricter than reality. A rule demanding a doctor’s certificate by 9am on the day of illness looks tough on paper. In practice it fails the reasonableness test whenever appointments are scarce, which in regional areas is most days.
Treating a vague certificate as suspicious. “Unfit for work due to a medical condition” is exactly what a good certificate says. Asking for more detail puts you on the wrong side of privacy expectations.
Enforcing the rules unevenly. Asking only certain people for evidence is the quickest way to turn a leave question into a discrimination or general protections claim.
Frequently Asked Questions
Is a medical certificate a legal document?
Yes. It’s a formal statement by a registered practitioner, and Fair Work law accepts it as evidence for leave. Doctors are bound by professional standards to only certify what they believe is true. Altering or forging one is serious misconduct and can be fraud.
Does a medical certificate need to be signed?
Yes. AMA guidelines expect the practitioner to sign it. Emailed telehealth certificates use digital signatures, which are just as valid. An unsigned certificate with no practitioner details is a fair reason to ask for a proper one.
Do employees need a medical certificate for every sick day?
Only if you ask, or your award, agreement or policy requires it. You’re allowed to request evidence for a single day. Most businesses set triggers instead, such as more than one day in a row or days next to a weekend.
Can an employer contact an employee’s doctor?
Not for information about their condition. The Fair Work Ombudsman says that isn’t reasonable. If you suspect a forgery, talk to the employee first and get legal advice before contacting any medical practice.
Does a medical certificate have to state the illness?
No. A certificate saying the employee was unfit for work due to a medical condition, for stated dates, is enough. You have no general right to the diagnosis.
Can a pharmacist issue a medical certificate for work?
Pharmacists issue absence from work certificates for short, minor illnesses. They’re commonly accepted as evidence for a day or two of sick leave. For longer or more serious illness, expect a doctor’s certificate.
Can an employee get a backdated medical certificate?
A doctor can certify that an employee was unfit on days before the consultation, based on their assessment. The certificate should show the real consultation date. What a doctor shouldn’t do is date the certificate itself earlier than the consult.
Can I ask a casual employee for a medical certificate?
For unpaid carer’s leave, yes, the same evidence rules apply. Casuals don’t get paid sick leave, so for a missed sick shift there’s no leave payment at stake. A reasonable request for evidence is still fine if your policy covers it.
What happens if an employee doesn’t provide a medical certificate?
If you reasonably asked and they don’t provide any acceptable evidence, they may not be entitled to be paid for that leave. Record it as unpaid. Don’t treat the absence itself as misconduct without advice.
How long should I keep medical certificates?
Fair Work record-keeping rules require leave records to be kept for seven years. Storing each certificate with the matching leave record, in a restricted file, is the simplest approach.
Get Your Medical Certificate Rules in Writing
If you’ve been winging sick leave, you’re in good company. Most small businesses don’t write these rules down until a problem forces the issue. You now know more about medical certificate rules than most employers do. What’s left is putting it on paper.
Lawpath has helped more than 650,000 Australian businesses get their legal basics sorted without the lawyer-speak. Start your Personal/Carer’s Leave Policy today, and the next sick day will be a non-event.
