How Many Days Can You Take Off Without a Sick Note in Australia?

How Many Days Can You Take Off Without a Sick Note in Australia?

There Is No Universal “Number of Days”

Many people believe you are automatically entitled to take a set number of days—often one or two—before an employer can ask for proof. In reality, the Fair Work Act does not specify a threshold of days. Under the Act, an employee who takes paid personal/carer’s leave must, if the employer requests it, give evidence that would satisfy a reasonable person that the leave was taken for a genuine reason such as illness or injury.

Importantly, the legislation allows an employer to request evidence for any period of paid sick leave—including a single day. There is no built-in “free day” written into the law itself. What you commonly see in practice is shaped by workplace policies rather than a national rule.

What Most Workplaces Actually Do

While the law permits employers to ask for evidence at any time, many workplaces apply their own practical thresholds. A frequent arrangement is that an employer will only request a medical certificate or statutory declaration after two or more consecutive days of absence, or after a certain number of single days in a year. However, these are policy decisions—not legal entitlements—and they vary widely from one employer to another.

Some employers ask for evidence every time. Others may ask for it around weekends or public holidays. Because there is no consistent standard, the only reliable way to know what applies to you is to check the source documents that govern your employment.

Where to Check Your Specific Rules

• Your modern award – Many awards include clauses about notice and evidence requirements for personal leave.
• Your enterprise agreement – If your workplace has a registered agreement, it may set out specific evidence rules.
• Your workplace policy or employee handbook – Employers often document their expectations here, including when a certificate is required.
• Your employment contract – Some contracts reference evidence requirements directly.

If you’re unsure, you can ask your HR department or speak with the Fair Work Ombudsman, which provides free information about workplace entitlements. This article is general information only and not legal advice, so checking your own documents is essential.

Acceptable Forms of Evidence

The Fair Work Act refers to providing evidence that would satisfy a reasonable person. In practice, this commonly takes the form of a medical certificate from a registered health practitioner, or in some cases a statutory declaration. A medical certificate issued by an Australian registered doctor can be used as evidence to support leave under the Fair Work Act 2009, with acceptance determined by your employer.

How to Get a Sick Note If You Need One

If your award, agreement or workplace policy requires a certificate—or if your employer has reasonably requested evidence—there are several ways to obtain one:

• Visit your regular GP – A face-to-face consultation allows your doctor to assess you and issue a certificate if clinically appropriate.
• Use a telehealth service – Online consultations can be convenient when you’re unwell and unable to attend in person.
• Visit a medical centre or clinic – Walk-in clinics are an option if you don’t have a usual GP.

A certificate is only issued where a doctor considers it clinically appropriate. It’s worth keeping any evidence you obtain so you can provide it if your employer requests it. Remember that backdating a certificate is not appropriate, and you should only seek a certificate for leave you are genuinely entitled to take.

Key Takeaways

• There is no fixed national number of days you can take off without a sick note.
• The Fair Work Act 2009 allows employers to request evidence for any period of paid sick leave.
• Many workplaces only ask after two or more consecutive days, but policies differ.
• Always check your award, enterprise agreement or workplace policy to confirm what applies to you.

DoctorsNote provides GP-reviewed medical certificates issued by an Australian registered doctor (reviewed by Dr Rupinder Singh Walia, FRACGP), typically within 24 hours and only where clinically appropriate. Each certificate includes a QR code and reference number that can be verified online, and the cost is $14.95 flat, up to 2 days leave. You can learn more or request one via our online sick note service.