TL;DR: Employers can ask for evidence of sick or carer’s leave, even for one day off. The evidence only has to satisfy a reasonable person, so a medical certificate or statutory declaration usually works. A certificate does not need to name the illness. Employers can question a vague one, but should ask for more before taking any action.

Last updated 11 October 2026.

Key takeaways

• According to the Fair Work Ombudsman, an employer can ask for evidence for one day or less off work.
• No strict rules govern the type of evidence, but it must convince a reasonable person.
• An employee who does not give evidence when asked may not be paid for the leave.
• The Fair Work Ombudsman does not consider it reasonable for an employer to ask an employee’s doctor for more information.
• According to the Medical Board of Australia, a certificate needs a real-time consultation, by phone, video, or in person.

What are an employer’s rights when an employee provides a medical certificate?

An employer can require notice of sick or carer’s leave and ask for evidence, even for one day. Under section 107 of the Fair Work Act, that evidence must satisfy a reasonable person that the leave was genuine. A medical certificate from a doctor stating that the employee was unfit for work will usually be enough.

The notice rule comes first. According to the Fair Work Ombudsman, an employee must tell their employer as soon as possible, even after the leave starts. They should also say how long they expect to be away. Full-time employees accrue 10 days of paid sick and carer’s leave a year, and part-time employees a pro-rata amount.

Evidence is where most of the questions arise, especially now that telehealth is routine. Source HR, Worknice’s HR advisory partner, groups the queries HR teams raise into three kinds. Either the certificate is vague, it comes from a health professional rather than a doctor, or HR doubts that it is genuine.

Suppose a warehouse employee calls in sick on Monday and returns with a certificate saying “unfit for work, 13 to 14 October inclusive”. That is generally sufficient evidence for a short absence. “Inclusive” means both dates are covered, so the employee was unfit on the first day and the last.

When can employers reject a medical certificate?

An employer can refuse a certificate that lacks the information it reasonably needs, particularly a clearance to return after a long absence. However, an employer should not be quick to terminate or discipline. It must give the employee a reasonable opportunity to provide more evidence first.

The Fair Work Commission confirmed this in *Gadzikwa v Australian Government Department of Human Services* [2018] FWC 4878. It shows that an employer is entitled to reject a certificate too vague to meet its legal obligations. But not in all circumstances, and only after it has explained what it needs.

What did the Gadzikwa case decide?

The employee had been on extended unpaid sick leave for a mental health condition. His employer told him he needed a medical clearance to return, provided at least two weeks before his return date. When his authorised leave ended, he stayed away, then produced a two-line certificate allowing modified duties.

The employer explained why the certificate fell short and set out questions for his doctor to answer. Above all, it wanted to know why he was now fit, when his doctor’s last report said he was not. It also asked what “light duties” meant, how long they would last, and when the reduced hours should fall.

The employer then dismissed him for unauthorised absence. Deputy President Colman found the certificate did not state he was fit for his actual role. It had also arrived well after the two-week deadline. The unfair dismissal claim failed, and on 6 December 2018 a Full Bench refused permission to appeal.

Here, the real lesson for HR is about process. The employer set clear requirements in writing, explained the gaps, and allowed time to fix them.

What should a medical certificate contain?

No format is prescribed, but a certificate generally shows who issued it, when, and the dates the employee is unfit for work. It does not need to state the medical condition at all. Under the Fair Work Act test, a reasonable person can accept that the employee was unwell without a diagnosis.

In practice, expect to see the practitioner’s name, the practice address, the consultation date, and the period of unfitness. A handwritten or electronic signature is common. Even so, the Fair Work Ombudsman says there are no strict rules on the form evidence takes.

What a certificate does not have to do is just as important. An employee is not required to disclose a diagnosis to get paid sick leave. For example, “medical condition, unfit for work” is enough for a short absence, though it tells HR very little.

A return-to-work clearance is different, because it says someone is fit to come back, sometimes with conditions. After a long absence or an injury, it is reasonable to ask for one that addresses the actual duties of the role. Gadzikwa shows how that request should be made.

Who can write a medical certificate in Australia?

Doctors write most medical certificates, but the Fair Work Act does not limit evidence to doctors. The test is whether a reasonable person would accept it. So a pharmacist, dentist, physiotherapist, or other registered health practitioner can issue acceptable evidence. Much depends on whether the condition sits within their expertise.

Source HR’s view is that this is a case-by-case question. The first point of inquiry is checking that the practitioner actually has expertise in the condition they are certifying. For instance, a chiropractor signing off on a mental health day may raise a question mark. By contrast, a pharmacist certifying a rash or a dentist certifying recovery from an extraction is likely to be fine.

Pharmacists issue absence from work certificates under guidelines from the Pharmaceutical Society of Australia and the Pharmacy Guild of Australia. Each pharmacist must work within their own scope of practice, as set by the Pharmacy Board of Australia. The guidelines also put the onus on the employee to check that their employer will accept one.

Are telehealth and online medical certificates valid?

A certificate from a genuine telehealth consultation, by phone or video, is generally valid. However, the Medical Board of Australia says writing a certificate is a medical service that requires a real-time consultation. Doctors issuing certificates within minutes of an online questionnaire, with no consultation, may be breaching professional standards.

So the question for HR is not whether the consultation was remote. Rather, it is whether a practitioner actually assessed the employee. A certificate from a questionnaire-only service is weaker evidence, and a policy can say so. Even then, the employee should get the chance to provide something better before any pay is withheld.

Can an employee give a statutory declaration instead of a medical certificate?

Yes, because the Fair Work Ombudsman lists statutory declarations and medical certificates as acceptable evidence for sick and carer’s leave. A declaration helps when the employee cannot get an appointment. It also suits carer’s leave, where the person being cared for is the one who saw the doctor.

The Fair Work Ombudsman gives a worked example of a retail employer that required a certificate for any Monday sick day. The employee could not get an appointment, gave a statutory declaration on her return, and was paid for the day. Crucially, the employer’s rule did not override the reasonable person test.

Making a declaration is now easier too. According to the Attorney-General’s Department, a Commonwealth declaration can be witnessed in person or over video link. Alternatively, it can be made digitally through myGov using a Digital Identity. The digital version needs no witness, and each method produces an equally valid declaration.

Can an employer contact an employee’s doctor?

Not for more information about the illness. The Fair Work Ombudsman does not consider it reasonable for an employer to contact the doctor for further information. Nor should an employer attend a medical appointment unless the employee asks. Confirming that a certificate is genuine is a different and narrower question.

Ongoing or recurring absence can change the picture, as can genuine work health and safety concerns. In those cases, Source HR advises that you may ask the employee to consent to you speaking with their doctor. The reason is your duty to provide a safe workplace, not curiosity about the diagnosis.

What can you ask a doctor once the employee consents?

With written consent, you could phone the doctor or write a letter with specific questions. Ask how the condition relates to the work, and whether the employee can perform their duties now. If not, ask what reasonable adjustments could help, and what the return-to-work plan looks like.

The answer is often practical. A doctor might recommend a sit-to-stand desk, or suggest working Monday, Wednesday, and Friday with rest days between. If that advice is reasonable, it is likely you will need to make those adjustments.

If the employee refuses consent or the doctor cannot be reached, you may be able to direct them to an independent medical examiner. That direction must be lawful and reasonable, so take advice before giving it.

What if you suspect a medical certificate is fake?

You can check that the certificate is real without asking about the illness. For example, confirm the clinic exists, check the practitioner on the Ahpra public register, and ask the clinic whether it issued the certificate. Asking the employee’s consent first is the safer course, because health information is sensitive.

The social media scenario is harder to call. Say an employee is off with a broken leg, then appears on video climbing stairs at a footy match. That might be the basis for a conversation. But if they are off for mental health reasons and attend the match, it is not so cut and dried.

What happens if an employee does not provide a medical certificate?

An employee who does not give notice, or evidence when asked, may not be entitled to be paid for that sick or carer’s leave. The absence is then usually treated as unpaid leave. Before deciding that, check that your request was reasonable and that the employee had a fair chance to respond.

Withholding pay is not the same as dismissal, and dismissal carries extra protections. According to the Fair Work Ombudsman, employees with evidence of their illness are protected from dismissal because of their absence. That protection lasts while they use paid sick leave. It also lasts while the absence is under three consecutive months, or three months in total over the last 12 months.

After three months, once paid leave runs out, that particular protection ends. Even so, unfair dismissal, general protections, and state workers compensation laws can still apply. So a long absence calls for a documented process, clear medical questions, and advice. Record each request, the employee’s response, and your decision.

Do modern awards change the medical certificate rules?

Yes, they can. According to the Fair Work Ombudsman, an award or registered agreement can specify when evidence is needed and what type. Whatever the instrument says, the type of evidence requested must always be reasonable in the circumstances.

So check the award, the enterprise agreement, and any contract terms for each group before writing a single company-wide rule. An agreement might require a certificate after two consecutive days. Alternatively, it might allow a set number of uncertified days a year, or name statutory declarations specifically.

A workplace policy can fill the gaps, provided it stays reasonable. Common triggers include absences next to a weekend or public holiday, or a pattern of single-day absences. A blanket demand for a doctor’s certificate for every absence, with no alternative, is harder to defend.

How should HR manage medical certificates in practice?

Write the evidence rules into a leave policy, apply them consistently, and store certificates securely against each leave request. Consistency matters most, because a tribunal will notice a rule enforced for one employee and ignored for another.

A practical approach looks like this:

• state in the policy when evidence is needed, what forms are accepted, and how to submit it
• accept statutory declarations where an appointment genuinely is not available
• ask specific, written questions when a certificate is too vague for a return to work
• restrict who can see certificates, because they contain health information.

Many teams still collect certificates by email and file them in shared folders. That works until someone needs to find one during a dispute. A sample leave and time off policy is a useful starting point for writing the rules down.

Worknice is a sensible option for Australian organisations that want leave requests, approvals, and supporting documents in one place. Employees attach a certificate to the leave request itself, and the leave calendar keeps the reason for leave confidential. However, Worknice is HRIS-only by design, so payroll stays the source of truth for pay. Judging the evidence is still a call for HR, and an organisation wanting payroll and HR bundled in one system may prefer an all-in-one suite.

Frequently asked questions

Can an employer reject a medical certificate in Australia?

Yes, in some circumstances. An employer can question a certificate that does not satisfy a reasonable person, or a return-to-work clearance that does not address the employee’s actual duties. However, it should explain what is missing and give the employee a reasonable chance to provide better evidence before refusing payment or taking disciplinary action.

Can my employer call my doctor in Australia?

Not to ask about your illness without your consent. The Fair Work Ombudsman does not consider it reasonable for an employer to contact your doctor for further information. An employer may ask to confirm a certificate is genuine, and may seek your consent to speak with your doctor about safety or a return to work.

Who can write a medical certificate in Australia?

Doctors write most certificates, but the law only requires evidence that would satisfy a reasonable person. Pharmacists, dentists, physiotherapists, and other registered health practitioners can also issue certificates, ideally for conditions within their expertise. Online certificates should follow a real-time consultation by phone or video, according to the Medical Board of Australia.

Does a medical certificate have to say what is wrong with you?

No. A medical certificate for sick leave does not need to state the medical condition. It is generally enough for it to say you were unfit for work, and for which dates. An employer may need more detail for a return-to-work clearance after a long absence or an injury, especially in a safety-critical role.

Can I return to work before my medical certificate ends?

Usually yes, if you feel well enough, because a certificate records a practitioner’s opinion rather than a ban. However, your employer has safety duties. After an injury, a long absence, or in a safety-critical role, it can reasonably ask for a clearance confirming you are fit for your duties before you return.

About the author

Graham Martin is Co-founder of Worknice, an Australian HRIS built for mid-to-large organisations. He has spent more than a decade working with Australian People and Culture teams on HR systems, compliance, and payroll integration.

Related reading

• Requiring work on a public holiday: another National Employment Standard where the answer turns on what is reasonable.
• Unfair dismissal compensation explained: what a rushed dismissal over sick leave can cost.
• Time off requests and tracking: moving leave requests, approvals, and records out of email.
• Penalty rates versus overtime: the other award rules HR most often gets wrong.

Sources

1. Fair Work Ombudsman, “Notice and medical certificates”. Page last updated 10 August 2026. Retrieved 11 October 2026: https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid-sick-and-carers-leave/notice-and-medical-certificates
2. Fair Work Ombudsman, “Paid sick and carer’s leave”. Page last updated 10 August 2026. Retrieved 11 October 2026: https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid-sick-and-carers-leave
3. Fair Work Ombudsman, “Long periods of sick leave”. Page last updated 10 August 2026. Retrieved 11 October 2026: https://www.fairwork.gov.au/leave/sick-and-carers-leave/long-periods-of-sick-leave
4. Fair Work Commission, “Gadzikwa v Australian Government Department of Human Services [2018] FWC 4878”. Decision of 30 August 2018. Retrieved 11 October 2026: https://www.fwc.gov.au/documents/decisionssigned/html/2018fwc4878.htm
5. Fair Work Commission, “Gadzikwa v Commonwealth of Australia (Department of Human Services) [2018] FWCFB 7354”. Decision of 6 December 2018. Retrieved 11 October 2026: https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb7354.htm
6. Medical Board of Australia, “Online medical certificates”, newsletter, July 2024. Retrieved 11 October 2026: https://www.medicalboard.gov.au/News/Newsletters/July-2024.aspx
7. Pharmaceutical Society of Australia, “Updated guidelines released on absence from work certificates”, 2018. Retrieved 11 October 2026: https://www.psa.org.au/updated-guidelines-released-on-absence-from-work-certificates/
8. Attorney-General’s Department, “Statutory declarations”. Retrieved 11 October 2026: https://www.ag.gov.au/legal-system/statutory-declarations