Whenever you take sick or carer’s leave, even for a single day or less. Under section 107 of the Fair Work Act 2009, your employer can ask for evidence that would satisfy a reasonable person that your leave was genuine. A medical certificate and a statutory declaration are both examples of acceptable evidence. Your award, enterprise agreement or workplace policy can say when evidence is needed and what type, as long as that’s reasonable. If you don’t give evidence when you’re asked, you may not be paid for the leave.
The rules in brief
- Tell your employer as soon as possible. You need to let them know you’re taking sick or carer’s leave. That can be after the leave has started. Say how long you expect to be away.
- Evidence can be requested for any length of leave, including 1 day or less.
- The evidence has to convince a reasonable person that you were genuinely entitled to the leave. There are no strict rules on its type. Medical certificates and statutory declarations are examples.
- Your award or registered agreement can say when evidence must be given and what type is needed. Any request must be reasonable in the circumstances.
- If you don’t provide evidence when asked, you may not be paid for that leave.
- Your privacy: the Fair Work Ombudsman doesn’t consider it reasonable for an employer to attend a medical appointment with you unless you ask, or to contact your doctor for more information.
How much sick and carer’s leave do I get?
- Full-time employees get 10 days of paid sick and carer’s leave a year. Part-time employees get a pro rata amount. It’s one balance for both sick and carer’s leave, and unused leave carries over.
- Casual employees don’t get paid sick or carer’s leave under the National Employment Standards, but every employee, including casuals, can take 2 days of unpaid carer’s leave each time an immediate family or household member needs care.
- Sick leave covers personal illness or injury, which can include stress and pregnancy-related illness.
Your award, agreement or contract can give you more, but not less.
Medical certificate or statutory declaration?
Both can be acceptable. A statutory declaration is a written statement that you formally declare to be true. It can help when you couldn’t see a health practitioner while you were unwell. Some awards and workplace policies ask for a medical certificate in particular situations, for example when you’re sick on a Monday, so check yours. If you need a certificate, our clinicians can assess you by phone: request a medical certificate online for 1–2 days ($24.95), or a multi-day certificate for 3 to 10 days ($34.95).
Are online medical certificates accepted?
The Fair Work Act doesn’t say evidence has to come from a face-to-face appointment, or from a particular type of practitioner. It has to satisfy a reasonable person. A certificate issued by a registered health practitioner after a genuine assessment is a common way to do that. Some awards, agreements and workplace policies set their own rules, so no service can guarantee every employer will accept a certificate.
At My Telehealth Clinic, every certificate is issued by an AHPRA-registered nurse practitioner or doctor after a phone call, never from a form alone. Employers can confirm a certificate by contacting us through our Contact page, with your consent.
What our certificates show
Your name, the date or dates you’re unfit for work, the date the certificate was issued, the clinician’s name, qualification and Medicare provider number, and our clinic details. Your symptoms only appear if you choose that on the form.
Related guides
- Carer’s leave certificates: who counts as family, and how to request one
- Medical certificate for yesterday: what happens if you didn’t get a certificate on the day
- All our online medical certificates
Employer and medical certificate FAQs
Can my employer ask for a medical certificate for one day off?
Yes. Under section 107 of the Fair Work Act 2009, your employer can ask for evidence for any sick or carer’s leave, even a single day or less. The evidence has to satisfy a reasonable person that the leave was genuine. A medical certificate or a statutory declaration are common examples.
Do I need a medical certificate for 1 day off work?
Only if your employer asks for evidence, or your award, agreement or workplace policy requires it. Some policies ask for a certificate in particular situations, such as a sick day on a Monday. If you’re asked for evidence and don’t provide it, you may not be paid for the day.
Can my employer refuse my medical certificate?
The test is whether the evidence would satisfy a reasonable person that you were genuinely unwell or needed to care for someone. A genuine certificate from a registered health practitioner usually meets that test, but your award or workplace policy may set extra requirements. If you think your employer is acting unreasonably, you can contact the Fair Work Ombudsman on 13 13 94.
Does my employer have the right to know what’s wrong with me?
The Fair Work Act requires evidence that you weren’t able to work because of an illness or injury, or that you needed to care for someone. It doesn’t say the evidence must state your diagnosis. Our certificates leave your symptoms off unless you choose to include them on the form.
Can my employer contact my doctor?
The Fair Work Ombudsman says it doesn’t consider it reasonable for an employer to contact your doctor for further information. Checking that a certificate is genuine is different. Employers can confirm a certificate by contacting us through our Contact page, with your consent.
Is a statutory declaration enough instead of a medical certificate?
Often. The Fair Work Ombudsman gives statutory declarations and medical certificates as examples of acceptable evidence. Your award, agreement or workplace policy can say what type of evidence it needs, as long as that’s reasonable in the circumstances.
Are online medical certificates legal in Australia?
Yes. Telehealth is a normal way to see a registered health practitioner in Australia, and the Fair Work Act doesn’t require evidence to come from a face-to-face visit. What matters is that the certificate is genuine, issued by a registered health practitioner after a proper assessment, and satisfies a reasonable person. Every certificate from My Telehealth Clinic is issued by an AHPRA-registered nurse practitioner or doctor after a phone call.
Can a nurse practitioner write a medical certificate for work?
The Fair Work Act doesn’t say evidence must come from a doctor. Nurse practitioners are AHPRA-registered health practitioners, and our certificates are issued by an AHPRA-registered nurse practitioner or doctor. Some awards, agreements or employers do specify a doctor, so check your workplace rules if you’re unsure.
Do casual employees have to give a medical certificate?
Casual employees don’t get paid sick leave under the National Employment Standards, so the paid-leave evidence rules don’t apply to their sick days. Every employee, including casuals, can take 2 days of unpaid carer’s leave each time an immediate family or household member needs care, and an employer can ask for evidence for that leave.
What if I didn’t get a medical certificate on the day I was sick?
Certificates are always dated the day they’re written. A clinician can include earlier days only if you have supporting evidence and they’re satisfied it’s clinically appropriate. If you can’t get a certificate, ask your employer whether a statutory declaration is acceptable. Read more about getting a medical certificate for yesterday.
Sources: Fair Work Ombudsman, Notice and medical certificates, Paid sick and carer’s leave, Unpaid carer’s leave (all checked 17 October 2026); Fair Work Act 2009 (Cth) sections 96–97, 102–103 and 107.
This page is general information, not legal advice. Most Australian employees are covered by the Fair Work Act, but some state government employees, and some employees in Western Australia, are covered by state systems with their own rules. Work injuries and illnesses are handled under workers’ compensation schemes, which have their own certificates. We don’t provide workers’ compensation certificates. For advice about your situation, check your award or agreement, or contact the Fair Work Ombudsman on 13 13 94.
Clinically reviewed by Assoc. Prof. Christopher O’Donnell, Nurse Practitioner, FACN (AHPRA NMW0001453715). Last reviewed 17 October 2026.
A certificate is only issued if the clinician decides it is clinically appropriate. Medical certificates aren’t covered by Medicare. There’s no card surcharge: the price shown is the price you pay. In an emergency, call 000.