Can My Employer Ask for a Sick Note in Australia?

Can My Employer Ask for a Sick Note?

What the Fair Work Act 2009 Says

Under the Fair Work Act 2009, employees are entitled to paid personal/carer’s leave (commonly called sick leave) when they are unfit for work due to illness or injury, or when they need to care for an immediate family or household member. To access this leave, an employer may ask the employee to provide evidence that would satisfy a reasonable person that the leave was genuinely needed.

This means your employer can request reasonable evidence to support your leave. A medical certificate from a registered doctor is one of the most common forms of that evidence. A statutory declaration is another option that may be accepted in some circumstances.

What Counts as “Reasonable” Evidence?

The Fair Work Act does not set a fixed rule for exactly when evidence must be provided, or for how many days. Instead, what is “reasonable” depends on the specific workplace. Factors that often shape this include:

• The terms of your modern award or enterprise agreement
• Your employer’s written workplace policy
• The length of the absence (some workplaces ask for evidence only after a certain number of days)
• Any history or pattern of absences

Because the requirement can differ from one workplace to another, it is worth checking your award, enterprise agreement, or workplace policy so you know what your employer expects before you need to take leave. If you are unsure, your HR team or the Fair Work Ombudsman can be a useful starting point.

Your Privacy: What a Certificate Must and Need Not Show

A medical certificate is designed to confirm that you were seen by a practitioner and that, in their professional opinion, you were unfit for work for a stated period. Importantly, a certificate generally does not need to disclose your specific diagnosis. A practitioner can certify that you are unfit for work without naming the underlying condition, which helps protect your medical privacy.

Doctors in Australia work within professional standards set by AHPRA, the Medical Board of Australia, and bodies such as the RACGP. These standards require that certificates accurately reflect a genuine clinical assessment. A certificate should only be issued when it is clinically appropriate, and it should record the facts the doctor can honestly attest to.

What If You Cannot See a Doctor in Person?

Many Australians now access care through telehealth consultations. A registered doctor can assess you remotely and, where clinically appropriate, issue a medical certificate that can be used as evidence to support leave under the Fair Work Act 2009, with acceptance determined by your employer. Remember that an employer is not obliged to accept a particular form of evidence automatically — acceptance is ultimately their decision, guided by the relevant award, agreement, or policy.

Practical Tips

• Read your award, enterprise agreement, or workplace policy so you know the evidence requirements in advance.
• Notify your employer as early as practicable when you need to take leave.
• Keep your certificate and any reference details in case your employer needs to confirm them.
• Remember a certificate need not reveal your diagnosis — only that you were assessed and considered unfit for work.

A Note on DoctorsNote

DoctorsNote provides GP-reviewed medical certificates for $14.95 flat, up to 2 days leave. Requests are reviewed by an Australian registered doctor, Dr Rupinder Singh Walia (FRACGP, AHPRA MED0001647256), typically within 24 hours, and a certificate is issued only if it is clinically appropriate. Each certificate carries a QR code and reference number that can be verified online. Backdating is not offered. If you need to arrange evidence for your leave, you can learn more about our online sick note service.