In this example, an employee has provided a medical certificate as evidence of their absence from work due to a personal illness. The duration of the illness was two and a half weeks. The medical certificate simply states the employee is unfit for work due to ‘medical illness’.

Because the employee has had a poor record with respect to absenteeism during the course of their employment, and the lengthy period of absence in this instance, the company asked the employee for more specific details regarding the reason for the absence.

The employee refused to agree to this request.

Can the employer challenge a medical certificate and seek more specific information from the employee’s medical practitioner where the original certificate is vague in explaining the reason for the employee’s absence? Or is the medical certificate proof enough that the employee was unfit for work for the specified period?

 

Medical certificate

The production of a medical certificate is typically regarded as reasonable proof that an employee was legitimately absent from work due to a stated illness or injury. The employee has a right to keep details of their medical condition confidential.

 

Reasonable circumstances

However, an employer may, in reasonable circumstances, seek further information from the medical practitioner who issued the certificate. ‘Reasonable circumstances’ could include occupational health and safety considerations, which may be relevant to the employee who is ill as well as other workers in the immediate workplace.

Other circumstances may include the employer contacting the doctor to verify the veracity of a medical certificate (eg to determine whether it is fraudulent in any way).

 

Diagnosis

The employer should not expect to see a diagnosis on the certificate. Diagnosis is generally defined to mean ‘the process of determining by examination the nature or cause of a diseased condition'.

 

Symptoms

When attempting to obtain relevant information from the medical practitioner, an employer should only enquire based on identifying the symptoms (rather than the cause) that prevented the employee from attending work, and the relevance of those symptoms to the employee’s duties.

 

Consent 

Before providing any further information to an employer, a medical practitioner is usually required to obtain express consent from the patient before disclosure of further relevant information to their employer.

The Australian Medical Association (AMA) issued Guidelines for Medical Practitioners on Certificates of Certifying Illness, which can be found on the AMA website.

 

Requirements for a medical certificate

AMA guidelines state that the usual requirements for a sickness certificate are:

  • name and address of the medical practitioner issuing the certificate
  • name of the patient
  • date on which the examination took place
  • date on which the certificate was issued
  • date(s) on which the patient is or was unfit for attendance, and
  • supplementary information of assistance to the patient in obtaining the appropriate leave, especially where there is a discrepancy in the period for which the certificate is issued and the date of the certificate.

A diagnosis is not usually required. The certificate should be legible and written in a manner that allows a non-medical person to read and understand it, e.g., by avoiding unnecessary abbreviations and medical jargon.

 

Additional information

The employer may, in certain circumstances, seek further information from the medical practitioner who issued the certificate. Reasonable circumstances may include occupational health and safety considerations as part of the employer’s implied duty of care for his or her employees. Other circumstances may include an employer contacting the doctor to verify the veracity of a medical certificate, e.g. to determine if it’s fraudulent in any way.

The employer should not expect to see a diagnosis on the certificate.