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VIC When Can Employer Request Medical Certificate?

Discussion in 'Employment Law Forum' started by Samantha_C, 23 August 2016.

  1. Samantha_C

    Samantha_C Member

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  2. Sophea

    Sophea Well-Known Member

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    I don't think there is anything set in stone regarding this, it depends what their own policy says on this. The thing is once it is past the day of you being sick it is no longer a certificate providing proof of your medical condition - a retrospective certificate does not provide a first hand opinion of the doctor based on an examination, it is an assessment based on the symptoms that you describe that you had a day or a week before - which is essentially no better proof than you telling those symptoms to your employer. All it certifies is that you have told your doctor those things.
     
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  3. Samantha_C

    Samantha_C Member

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    I took sick leave/personal leave 2 weeks prior to the commencement of maternity leave back in September 2014. My workplace is now (after almost 2 years) requesting a medical certificate....
     
  4. Sophea

    Sophea Well-Known Member

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    That's ridiculous
     
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  5. Samantha_C

    Samantha_C Member

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  6. Sophea

    Sophea Well-Known Member

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    Did your employer ordinarily require a medical certificate at that time in order for you to have sick days? Was it their policy? If not, you can argue that it was not a requirement to have a med certificate at that time and therefore, you didn't obtain one and since you didn't go to the doctor you don't have records to provide a medical certificate retrospectively.
     
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  7. Rod

    Rod Well-Known Member

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    May even be harassment/bullying if the employer keeps on pushing for something to which they are not entitled by effluxion of time.
     
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  8. Matthew Lynch

    Matthew Lynch Lawyer
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