Employers guide to medical certificates

If you’re running a business in Australia, chances are you’ll have sick employees. Some of whom, if ill for a prolonged period of time, will need to produce a medical certificate.

But when are medical certificates actually required? What do they mean? And how do you handle them without accidentally stepping on a legal landmine?

The good news is we’ve got you covered. We have absence management software to help you keep track of your employees, as well as this guide.

What is a medical certificate?

A medical certificate is an official statement from a healthcare professional saying that an employee is:

• Not fit for work

• May be fit for work with some adjustments

It’s important to note that a medical certificate can only be issued if a healthcare professional believes that a person's ability to work is affected. If an individual is deemed fit for work, they won't receive a medical certificate.

When do employees need to provide a medical certificate?

While the Fair Work Act doesn't explicitly state a specific duration, the common understanding is that medical certificates are typically needed for absences exceeding two consecutive working days.

For anything less, employees can self-certify. This means that they just tell you they were sick with no doctor’s note needed. You can ask them to fill out a self-certification form if you want something in writing, but a verbal notification is usually sufficient.

It’s important to note that if there is a delay in getting the medical certificate from your employee, they should inform you why there is a delay and when you are expected to receive it.

Who can issue a medical certificate?

In Australia, only doctors can issue medical certificates, while pharmacists and nurses can issue absence certificates. Absence certificates are limited documents that only state that a person was absent due to illness or other reasons. They do not cover detailed medical evaluations or specific medical conditions.

In order to issue a medical certificate, a healthcare professional must conduct an assessment, which can be done in person, via video call or over the phone.

Difference between medical certificates and absence certificates

Medical certificates are issued by doctors and involve a detailed medical consultation. They provide specific information about your medical condition, the treatment required, and the time needed for recovery. They are widely accepted by employers, schools, and other institutions because they come from a qualified doctor’s thorough evaluation.

On the other hand, absence certificates are less detailed. Issued by pharmacists or nurses, these certificates merely confirm that you were unable to attend work or school. They do not offer detailed information about your health condition or required treatment. This lack of detail means that absence certificates might not meet all requirements for work or education-related absences, limiting their usefulness.

What should be included in a medical certificate

As per the regulatory medical certificate rules in Australia set by the Australian Medical Association, a valid online medical certificate should include the following:

• The doctor's name and address of who issued the certificate

• The patient's name

• The examination date

• The date when the certificate was issued

• The date(s) when the patient wasn't fit to work

Traditional vs online medical certificates

Gone are the days you legally need a physical slip of paper. These days, medical certificates can be issued digitally or on paper, and both are equally valid.

Online medical certificates

These certificates are issued after a telehealth consultation, which may be conducted via video call, phone or online platform. The certificate is usually digital and is sent via email, SMS, or can be available for download. Online certificates are ideal for common, short-term illnesses like colds, flu or minor injuries, offering a conveniant option for those unable to visit a clinic in person.

Physical medical certificates

Still common, especially for face-to-face appointments. These can be physically handed to you, scanned or photographed then sent over.

It’s important to note that your responsibilities as an employer don’t change whether the certificate is emailed or printed. Both formats carry the same weight legally.

What should you do when you get a medical certificate?

You should read the note properly and carefully consider any recommendations. The note will either say, “Not fit for work”, in which case your employee stays off, and you manage their absence.

Or it may say, “May be fit for work if...”, followed by some recommendations such as:

• Reduced hours

• Working from home

• Avoiding heavy lifting

If you can make the suggested changes, implementing those recommendation might enable your employee to get back to work sooner. If you can’t reasonably accommodate them, the note defaults to “not fit for work” and your employee stays off sick.

However, if the recommendation are reasonable adjustments for a sickness or disability covered under both the Fair Work Act and the Disability Discrimination Act 1992 , you need to take extra care. Because if you don’t make the reasonable adjustments, and an employee is disadvantaged as a result, you could face a disability discrimination claim.

How to check a medical certificate is genuine

Believe it or not, but you can, (and may!) receive fake medical certificates from employees. While most of your staff are likely to be honest, occasionally something might not sit right. Especially as modern technology like AI can make some pretty accurate replications.

If you’re unsure whether a medical certificate is the real deal, here’s what to look for:

• That the healthcare professional’s name matches the signature (handwritten or digital)

• It clearly states the role of the healthcare professional with address of the medical practice 

• Unique serial number or valid QR code or barcode for digital notes

If you’re still in doubt, some red flags you can look for are:

• Blurry scans or handwritten notes that don’t follow the usual format

• Suspicious dates or overlapping absences

• A note that claims to be from a healthcare professional but doesn’t include a surgery name

It’s good business practice to respect your employees when they hand you a note. Accusing someone of faking a sick note is serious business. Always approach the situation with caution. If you’ve got concerns, seek advice from an HR employment relations expert before taking any action.

Employment law and medical certificates

Knowing your legal duties when it comes to sick leave and medical certificate rules, is serious business. Mishandling the situation can land you in hot water.

Here’s what the law says you must do:

You have a duty of care

Under the Work Health and Safety Act 2011, you’re legally responsible for protecting your employee’s health, safety and wellbeing.  So, if a medical certificate suggests adjustments, ignoring them could be seen as a failure of that duty.

Discrimination laws apply

If the illness of condition counts as a disability under the Disability Discrimination Act 1992, you have a legal obligation to make reasonable adjustments.  Dismissing someone or treating them unfairly because of a disability, is a fast-track ticket to an employment tribunal.

Unfair dismissal

While you can dismiss an employee fairly due to repeated and frequent sickness. You can’t just dismiss someone for simply being off sick. Especially if they’ve followed the correct process and provided medical certificates. So, you need to tread carefully and ensure that you’ve followed a fair process. This includes medical evidence, meetings, and proper documentation.

This becomes particularly tricky when it involves Long-term sickness. Jumping the gun can be classed as unfair dismissal.

Frequently asked questions about medical certificates

Can you challenge a medical certificate?

Short answer: Not really. You can’t just ignore a medical certificate because you don’t like what it says. But if you’re unsure, or if something doesn’t add up, you can request further medical information from your employee.  However, you can’t force them to provide more than what's already on the certificate.

Does the medical certificate affect sick pay?

To be entitled to sick pay or carer's leave, your employee must provide a medical certificate after 2 days. However, if the employee has been off for less than the two days, they still qualify for sick pay.

You can also have your own company sick pay scheme, but whatever you do, make sure it’s clearly set out in your employee handbook or contract.

How should you store a medical certificate?

Treat them as confidential medical records. Keep them somewhere secure and only share with people who need to know—usually, HR or a manager directly involved in managing the absence.

Can an employee return to work before the medical certificate runs out?

If your employee wants to return to work before their medical certificate expires, they can.  However, you should make sure they’re well enough to do so. This can be done by talking with them to make sure they’re not putting their health and safety at risk by returning early.

Get the business support you need to manage medical certificates and sick leave

Medical certificates aren’t just paperwork, they’re a tool to help your team recover and return to work safely. Knowing the rules helps you stay compliant and support your staff. But if, keeping on top of medical certificates, absence records, and return to work meetings is taking up more time than you’d like, help is at hand.

Need expert guidance? Get clear, confidential advice, day or night, from BrightAdvice, our 24/7 employment relations advice line. Whether you’ve got questions about medical certificates, sick pay, or long-term sick leave, our experts have your back.

Want to make absence tracking effortless? Our absence management software helps you log, track, and manage sickness in a few clicks. No spreadsheets, no stress. Book a demo today.