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Medical Certificate Not Dated on Same Day - Sick Leave Pay

Discussion in 'Employment Law Forum' started by Stephen P, 14 April 2014.

  1. Stephen P

    Stephen P Active Member

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    Hi everyone,

    I just joined the company a few months ago and the Manager emphasised that if filing for sick leave, a medical certificate must be filed together with the form but it must be dated on the same day as of the claimed sick leave.

    Saturdays and Sundays are my regular work days. I advised last Saturday that I cannot go to work because of migraine. They were expecting me to see a doctor on that day to get a medical certificate. Everyone knows that migraine makes you immobile. How do they expect me to drive to a doctor? If I do, I will die in a car accident just to get a medical certificate. Moreover, there are no doctor's clinics on weekends too. It is stupid to go to ER just for a migraine and ask for a medical certificate.

    I went to the doctor today and he cannot back date the medical certificate though he indicated the day that I had a migraine.

    I know my manager will not accept the medical certificate and he would not approve of my sick leave. Everybody at work tells me that it is a hopeless case.

    Is this legal?

    Please guide me.

    Thanks!
     
  2. Denise I

    Denise I Active Member

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    Hi Stephen,

    Based on Fair Work Ombudsman:

    If a full-time or part-time employee is sick, they need to be paid personal leave (sick leave) as long as they have enough leave and they have given notice and evidence (if required).

    Under the National Employment Standards (NES) when you take sick leave an employer can request evidence to confirm you were sick on that day.

    Medical certificates or statutory declarations are examples of evidence that you can give to your employer.

    Generally an employer is able to request this evidence any time you access your sick leave entitlements. An award or agreement may say something different, so you should also check your award or agreement.

    Based on Safe At Work:

    You are required to give notice of your intentions to take sick, carer’s or compassionate leave as soon as practically possible, and you may be required to submit evidence of relevant illness or circumstances in which you’ve requested the leave. Without this evidence your employer has the right to refuse your leave application.

    This is a general statement to guide us. I suggest you double check your employee manual or you call or visit Fair Work Ombudsman and discuss your case to get an exact answer.

    I usually on sick leave when I have dysmenorrhea. My employer does not require me to present a medical certificate or any evidence for that matter. In your case, you have an evidence or medical certificate but the signed date of the doctor is their issue. So I suggest contacting Fair Work Ombudsman, as this is a case-to-case basis.

    I know this does not answer directly your question. But I hope it helps.

    Cheers!
     
  3. Stephen P

    Stephen P Active Member

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    Thanks Denise! Yeah I will try to call them one of these days. Thanks again!
     
  4. Denise I

    Denise I Active Member

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    No worries! Can I request you to share here what they have advice you?
     
  5. Stephen P

    Stephen P Active Member

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    Sure! I'd tell you what they advice me :)
     

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