A commonly asked question! Ultimately, it depends on individual circumstances. For example, if you wake up with a migraine that you know will impact your ability to work, you should make every effort to notify your employer in the first instance. However, if you have a specialist appointment scheduled ahead of time, don’t wait until the last minute to notify your employer. Some employers have policies requiring you to notify them 24 hours in advance of your absence; simply do the best you can; if you have a car accident on your way to work, it’s crazy to have to notify them the day before. It’s case by case.
If you can, obtain a medical certificate; your injuries or illness will then be evidence-based. First and foremost, you must notify your employer as soon as possible if you are taking sick or carer’s leave. It is not necessary to contact your employer before you begin your absence, but you should do it as soon as possible so that they are aware of your whereabouts. You should also inform your employer of how long you expect to be away from work so that they can plan who will cover your duties while you are away.
Is it legal for my manager to request a medical certificate from me?
Yes, your manager and employer in general has the right to demand proof that leave was lawfully taken. This request may also apply even if it was only for one day or less. A medical certificate or a statutory declaration can be used as proof of illness or harm.
There are no regulations that apply to all employees regarding what proof is required to prove a legitimate absence, however some awards or registered agreements may define when and what evidence is required.
What happens if I don’t have a medical certificate to provide my employer?
If you fail to give a medical certificate when your employer requests one, you may forfeit your right to be paid for your sick leave.
You could face disciplinary action or be fired if you don’t follow a valid and reasonable directive. In any case, it would be unfair for your employer to fire you just because you failed to present a medical certificate, especially if you had good reason. The severity of your employer’s sacking for not giving a medical certificate will ultimately depend on your employment record, the length of your leave, and the reason for your absence. However, your employer has the right to fire you if you fail to provide a medical certificate.
Do I have to tell my employer what is wrong with me?
There is no absolute right for your employer to know what’s wrong with you; the reason you’re sick can occasionally be highly personal or quite serious. You may be concerned that your employer may inform others. (e.g., mental illness, early stages of pregnancy, domestic violence injuries, cancer test results, etc.) However, the longer you are absent from work, the more the employer has the right to enquire about your absence. You don’t want to get fired because of a misunderstanding that may have been prevented.
What can I do if I feel my employer or managers request regarding my sick leave is unreasonable?
As previously indicated, if you wish to be paid for your leave / absence, your employer has the right to request proof of your absence. If your boss goes above and beyond, they may not be acting appropriately. For example, your employer may insist on accompanying you to your medical appointment. Another example, your employer may contact your doctor for additional information regarding your illness. It may be argued that your employer is discriminating against you on the basis of disability. As such you may have a General Protections case. You may also be able to file a complaint with the Fair Work Commission in a variety of ways.
Do you need support from expert advisors?
We support employees! Australian Workplace Discrimination Representatives are not lawyers. We are expert advisors and can guide you through any questions you might have, including the different steps you can take to resolve a workplace grievance. Our services extend to unfair dismissal, general protections, and redundancy, just to name a few. Based in Melbourne, Victoria our team support all employees across Australia.
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