LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Sick Leave Pay - Validity of Medical Certificate?

Discussion in 'Employment Law Forum' started by ElizabethJoseph, 14 May 2015.

  1. ElizabethJoseph

    ElizabethJoseph Well-Known Member

    Joined:
    14 May 2015
    Messages:
    16
    Likes Received:
    0
    I was on annual leave for a month and I was overseas during my leave. For few weeks before this, I had a medical issue and was under treatment.

    I met the doctor again before leaving to overseas and I happened to get a medical certificate which stated I will be unfit to work for few days. The certificate was issued on the day I met the doctor but the days he mentioned I would be unfit to work was starting 4 days later. The reason was there were public holidays in between.

    My employer contacted the doctor and the doctor has put everything back on me, that I asked for the certificate and that he had asked me to come back after public holidays. All these didn't happen.

    The doctor has revealed things about my sickness and things I told him in the during the appointment to my employer.

    What can I do in this scenario? Can I file a case on the doctor for revealing my file details. Is the certificate valid or invalid?

    Can the doctor file a case on me for not mentioning my annual leave to him. Can he file a case on me for misleading? These are what my employer told me that there are possibilities to happen.
     
  2. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Elizabeth,

    I need a clearer explanation of your situation. This is what I think has happened, can you please confirm or clarify:
    1. You were unwell and went to the doctor (first time)
    2. The doctor issued you a medical certificate that was dated four days after the day you saw him
    3. You didn't go back to work between being unwell and your annual leave commencing
    4. You went overseas
    5. You got back and your employer is asking why your sick leave certificate doesn't cover the period you are claiming sick leave pay,

    Is this correct?
    Is your employer claiming you misled him? Do they want to reprimand you or fire you?
     
  3. ElizabethJoseph

    ElizabethJoseph Well-Known Member

    Joined:
    14 May 2015
    Messages:
    16
    Likes Received:
    0
    Hi Ivy,

    Making it more clear
    1.I applied for annual leave and annual leave was approved. (As per example below my annual leave starts from 06/01/2015 based on my leave application).
    2. I had been under a treatment for few days which my employer is aware of and just before annual leave I went to the doctor again.
    3. The doctor issued you a medical certificate that stated I am unwell starting four days after the day I saw him till another 10 days.
    This is how the medical certificates states, as an example
    Issue date: 01/01/2015
    Elizabeth has a medical condition and won't be able to work from 06/01/2015 to 16/01/2015.
    He didn't mention 02-05 as they were public holidays.

    4.I didn't go back to work between being unwell and my annual leave ending.
    5. I was overseas during my sick leave and annual leave.
    6. I got back when the annual leave was over.
    7. My employer believes the medical certificate is invalid as the days of my sickness are few days after the issue date.
    8. When I was on the leave my employer contacted the doctor and probably threatened him about complaining to ama for issuing invalid medical certificate. The doctor has now put everything on me that I misguided him, not mentioning the annual leave. He also revealed a lot of information's from my medical file to my employer and during the meeting with my employer, which happened after I returned from holiday, they questioned me on a lot of things I had told the doctor during my medical appointment. My employer is not willing to give me copy of what the doctor has sent them and they are not willing to give it to me in writing either.
    My employer also keeps telling me if I make a problem for the doctor, the doctor can report me for misguiding him for the medical certificate. So they are covering the doctor as well.

    What I need to know is

    1. Is the medical certificate invalid as my employer tells me?
    2. Can I go back to the doctor to get a valid medical certificate? Can he deny giving me one.

    Sorry if I have detailed too much. I did so, so you get a better idea. I am OK if I am not eligible for the pay. But my employer knows I am new to Australia and am not fully aware of the law. I don't want them to misuse this.

    What best I can do in this scenerio?

    Thanks
     
  4. ElizabethJoseph

    ElizabethJoseph Well-Known Member

    Joined:
    14 May 2015
    Messages:
    16
    Likes Received:
    0
    And no they are not firing me, but I am being made redundant. I was offered a casual position which I didn't want to take up.
     
  5. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Elizabeth,

    Are you 100% sure that the doctor spoke with your employer?
    Because if they have, then they have breached Doctor-patient confidentiality. That is something that you should follow up. I would start with the manager of the practice where you saw the doctor.

    It doesn't sound like you have done anything wrong.

    As long as the certificate says the issue date then it is at the discretion of the doctor to write which days they think you will be unfit for work. It looks to me as though you can claim personal (sick) leave for the days you were unwell and annual leave for the rest.

    All this talk about suing you etc sounds completely ridiculous.

    If you have any questions about your employment terms and leave pay owed to you, call Fair Work Australia.
     

Share This Page

Loading...