Can Your Employer Refuse Sick Leave?

A sick leave is every person’s right and a sick certificate helps a person recover from illness. 

Whether it is a common cold, a flu, or a serious condition, in Australia, employees are entitled to sick leave. 

However, it is important to consider a few things such as can an employer refuse sick leave. Read further to find out.

What Does the Doctor Have to Include in the Sick Certificate?

A patient has the right to confidentiality of his details and the diagnosis. It should be respected with the patient’s consent.

A patient may not request the doctor to provide the diagnosis on the certificate, but it cannot be enough to grant sick leave.

Ultimately, the employer has the right to reject or accept a sick certificate. It is also wise not to forge a certificate, or you may have to suffer the consequences. 

What is a Sick Certificate?

A sick certificate, or a medical certificate or doctor’s note, is a document given by a registered healthcare professional. 

It establishes that a person cannot work during a certain period because of illness or injury.

Can Employer Refuse Sick Leave?

The common question that arises is: can an employer refuse a sick leave request? According to Australian law, employers shall not unreasonably reject an employee’s demand for sick leave. This safeguards the employees and helps them recover without any worry.

Understanding Your Rights

Simply put, the employer is not allowed to disapprove your application for sick leave if you are really sick. 

Offering a medical certificate is the normal way to confirm sick leave. 

This certificate, provided by a well-qualified medical practitioner, gives grounds for fitness for work and also displays the period of your sickness.

In case you are not well, the very first thing you need to do is get in touch with your employer. 

In most cases, the workplaces have written requirements on notifying them of the absence. 

Call them as soon as you feel something wrong before working. In any case, you should talk to the employer as soon as you know about the sickness.

What Happens if You Are Medically Unfit for Work?

When you are not medically fit for work, your boss cannot force you to come in until you recover. Working despite your sickness can not only jeopardize your health but also cause a risk to your colleagues.

Can You Get Fired if You Have a Medical Certificate?

In most cases, a medical certificate does not have any consequences or penalties. However, it’s important to notice that taking sick leave without a valid reason for it may make you the subject of discussions.

Tips for Managing Sick Leave

Communicate proactively: Let the employer know about your sickness as soon as possible and inform the expected day of your return.

Follow your employer’s policies: Get acquainted with the sick leave rules and the procedures outlined in the company where you are working.

Keep a record of the sick certificates you receive from the doctor: Get a photocopy of all the medical certificates for your benefit.

Think about a return-to-employment schedule: If you are sick for a longer period of time, ask your employer if they are agreeable to a longer return-to-work plan.

Can I Get a Backdated Medical Certificate?

Yes, you can technically obtain a backdated medical certificate, but according to the Australian Medical Association (AMA), it should be issued on the day of the consultation. 

This means that a backdated medical certificate may raise concerns for employers if it is used to claim leave entitlements or other benefits.

Moreover, most doctors are unlikely to issue a backdated certificate, which could lead them to risks.

However, this does not mean you cannot obtain a medical certificate after your sick leave has already begun.

Need a Medical Certificate?

At Panraa Clinics, we understand the importance of accessing timely and reliable healthcare. Our experienced doctors can provide you with a prompt and accurate diagnosis and issue a medical certificate if required. 

We also offer telehealth appointments for various conditions. However, for a doctors sick certificate or a medical certificate, you will need to complete a questionnaire about your condition, and we will issue a certificate within 6 hours of submitting a request. 

We offer competitive pricing, making it easy and affordable to get the care you need.

Conclusion

Know your rights when it comes to sick leave and sick certificates in Australia.  A sick certificate, prescribed by a professional medical practitioner, gives verification of the employee’s incapacity to work due to sickness or injury.  Forgery of a sick certificate can result in a serious offense.

The employer should respect the privacy of the employees and keep medical confidentiality. 

It is important to inform the employer about sickness and follow the necessary steps for taking sick leave. Effective communication and following the policies by the company is best for transparency between the employer and the employee. 

An employee must also remember to acquire a legitimate sick certificate from a reliable health provider that supports individual welfare and workplace integrity.