When Do You Need a Medical Certificate for Work?

When do you legally need a medical certificate for work in Australia?

The short answer

Australian law doesn’t set a number of sick days you can take without a medical certificate. Under the Fair Work Act, your employer can ask for evidence for any amount of sick or carer’s leave, even one day. The evidence must convince a reasonable person that you were genuinely entitled to the leave. A medical certificate or a statutory declaration are both examples. Your award, agreement or workplace policy can set more specific rules.

The short version

No fixed number of days. The National Employment Standards don’t give you a set number of days you can take without a certificate.
Evidence can be requested for one day. Employers can ask for evidence for as little as one day, or less, off work.
The test is “reasonable person”. The evidence must convince a reasonable person that you genuinely needed sick or carer’s leave.
Your award or agreement matters. It can say when evidence is needed and what type, as long as the type is reasonable.

What the Fair Work Act says

Section 107 of the Fair Work Act 2009 covers notice and evidence for paid sick and carer’s leave. In practice, it means two things.

You must give notice. Tell your employer you’re taking leave as soon as possible. That can be after the leave has started. Let them know how long you expect to be away.

Your employer can ask for evidence. If asked, you need to provide evidence that would satisfy a reasonable person that you were:

unable to work because of a personal illness or injury, or
caring for or supporting an immediate family or household member who was sick, injured or affected by an unexpected emergency.

The Fair Work Ombudsman says there are no strict rules on the type of evidence, and gives medical certificates and statutory declarations as examples.

Where the “two days” idea comes from

Many people believe you can take two days off without a certificate. That isn’t a rule in the National Employment Standards. It may come from a particular award, agreement or employer policy. Some workplaces also ask for a certificate for any absence next to a weekend or public holiday.

If you’re not sure what applies to you, check your award or registered agreement first. The Fair Work Ombudsman notes these can set when evidence is needed and what type. Your workplace’s leave policy will tell you how your employer usually asks for it.

Medical certificate or statutory declaration?

Both can be acceptable. A statutory declaration is a written statement you declare to be true, usually signed in front of an authorised witness. Commonwealth statutory declarations can also be made online through myGov. A medical certificate is issued by a registered health practitioner after assessing you.

A statutory declaration can help when you couldn’t see a practitioner in time. But if your award, agreement or policy specifically asks for a medical certificate, a stat dec may not be enough.

Getting a certificate when you can’t get to a GP

If you’re unwell now and need evidence for work, you can request an online assessment. A registered practitioner reviews your request and, if a certificate is clinically appropriate, emails it to you. Certificates are dated from the day you apply and aren’t backdated.

Frequently asked questions

How many sick days can I take without a medical certificate?

There’s no number set in the National Employment Standards. Your employer can ask for evidence for any absence, even one day or less. Some awards, enterprise agreements and workplace policies set their own threshold, so check yours.

Can my employer refuse a statutory declaration?

The Fair Work Ombudsman lists statutory declarations as an example of acceptable evidence, but your award or agreement can specify the type of evidence required, as long as the requirement is reasonable in the circumstances.

What happens if I don’t provide evidence?

If your employer asks for evidence and you don’t provide it, you may not be paid for that sick or carer’s leave.

Does the certificate have to say what’s wrong with me?

A medical certificate usually gives a general reason rather than private medical details. The evidence only needs to convince a reasonable person that you were genuinely entitled to the leave, and the Fair Work Ombudsman says it doesn’t consider it reasonable for an employer to contact your doctor for more information.

This guide is general information, not medical or legal advice. Your award, agreement or workplace policy may set different requirements. See our editorial policy.