When Do You Need a Medical Certificate in Australia? Your Rights Under the Fair Work Act

In Australia, you usually need a medical certificate when your employer asks for evidence that you took sick or carer’s leave for a genuine reason. Under the Fair Work Act, an employer can ask for evidence that would satisfy a reasonable person, even for a single day off. A medical certificate is the most common evidence, but a statutory declaration may also be accepted. Universities, insurers and government agencies have their own rules.

This article explains when you’re likely to need a certificate, what your employer can and can’t ask for, and what to do if you can’t get one.

Sick and carer’s leave: what the law says

Most employees in Australia are covered by the National Employment Standards (NES) in the Fair Work Act 2009. Under the NES:

• full-time employees are entitled to 10 days of paid sick and carer’s leave each year, and part-time employees receive a pro rata amount
• all employees, including casuals, can take 2 days of unpaid carer’s leave for each occasion it’s needed
• casual employees aren’t entitled to paid sick or carer’s leave

Carer’s leave can be used to care for or support a member of your immediate family or household who is sick, injured or affected by an unexpected emergency. Read the Fair Work Ombudsman’s sick and carer’s leave fact sheet for full details.

When can an employer ask for a medical certificate?

Under section 107 of the Fair Work Act, you must:

1. Tell your employer you’re taking leave as soon as practicable. This can be after the leave has started, and you should say how long you expect to be away.
2. Provide evidence if asked. Your employer can ask for evidence that would satisfy a reasonable person that the leave was taken for a genuine reason.

Some important points:

• There’s no minimum number of days. An employer can ask for evidence even for one day, or part of a day.
• Your award or agreement may set the rules. Many awards and enterprise agreements, and some workplace policies, set out when evidence is needed and what kind is acceptable. Check yours.
• Requests should be reasonable and consistent. Employers often ask for a certificate after two or more consecutive days off, or for leave next to a weekend or public holiday.
• You don’t have to reveal your diagnosis. A certificate can say you were unfit for work because of a medical condition without naming it.

The Fair Work Ombudsman has more on notice and medical certificates. If you’re unsure about your rights, you can contact the Fair Work Ombudsman directly.

Medical certificate or statutory declaration?

A statutory declaration is a written statement that you declare to be true in front of an authorised witness. It can be acceptable evidence for sick or carer’s leave, particularly for short absences or when you couldn’t see a health practitioner. Making a false statutory declaration is a criminal offence.

Some awards, agreements or employers specify that a medical certificate is required in certain situations, so check before relying on a statutory declaration.

Other situations where you may need a certificate

• University and TAFE. Special consideration, extensions and deferred exams usually need a medical certificate or the institution’s own health professional form, often within a few days of the missed assessment.
• School. Schools may ask for a certificate for longer absences or missed exams.
• Insurance claims. Travel, income protection and other insurers usually need their own claim forms completed by a doctor.
• Centrelink. Services Australia has its own medical certificate form for some payments and exemptions.
• Travel. Some airlines ask for a fitness-to-fly letter, for example later in pregnancy or after recent surgery. These may need an in-person assessment.
• Workers’ compensation. Work injuries need a specific certificate of capacity, usually from your treating doctor after an in-person assessment.

What a valid certificate looks like

A medical certificate should show your name, the date you were assessed, the dates you’re unfit for work or study, and the practitioner’s name, practice details and signature. Our article Medical certificates in Australia: requirements and basics covers this in detail, including whether a certificate can be backdated.

Can I get a certificate without leaving home?

Yes. A certificate from a real-time phone or video consultation with an AHPRA-registered doctor is valid. This can be easier when you’re too unwell to travel or caring for a sick child. Our guide to getting a medical certificate online walks you through it, with tips for uni and carer’s leave.

Telehealth isn’t the right choice for emergencies. If you have chest pain, difficulty breathing, signs of a stroke or a serious injury, call 000.

How Teldoc can help

Teldoc’s AHPRA-registered GPs consult by phone or video, 7 days a week from 9 am to 7 pm (Sydney time), and most patients are seen within 15 minutes. If the doctor assesses that you’re unfit for work or study, or need to care for someone who is unwell, they can issue a medical certificate sent to you electronically. We don’t provide workers’ compensation certificates or assessments that need a physical examination.

General consultations are $55 on weekdays and $75 on weekends and public holidays, with no Medicare rebate. See our fees page for details.

Frequently asked questions

Do I need a medical certificate for one day off work?

It depends on your employer. Under the Fair Work Act, an employer can ask for evidence for any period of sick or carer’s leave, including a single day. Check your award, agreement or workplace policy.

Can I use a statutory declaration instead of a medical certificate?

A statutory declaration can be acceptable evidence that would satisfy a reasonable person, but some awards, agreements or employers require a medical certificate in certain situations. Check your workplace rules first.

Does my employer need to know what illness I have?

No. A medical certificate can state that you were unfit for work due to a medical condition without naming the condition.

Do casual employees need medical certificates?

Casual employees aren’t entitled to paid sick leave under the National Employment Standards, but are entitled to unpaid carer’s leave, and an employer can ask for evidence for that leave.

How soon do I have to tell my employer I’m sick?

You need to tell your employer as soon as practicable, which can be after your leave has started, and let them know how long you expect to be away.

This article is general health information and isn’t a substitute for advice from your own doctor. If you’re worried about your health, speak to a GP. In an emergency, call 000.

Medically reviewed by Dr Vafa Derakshan (MBBS, FRACGP), September 2026