We have an employee that has been taking a lot of sick days. We have a company policy that requires our employees to provide us with a medical certificate for each absence. The employee has been providing us with doctor’s certificates, but we recently reviewed the employee’s file and noted that a lot of the doctor’s certificates look exactly the same, except for a different date. Are we able to do anything to check the validity of the doctor’s certificate?
An employer who is not convinced of the authenticity of a medical certificate provided by an employee after an absence of work due to illness and injury, has the ability to obtain further information about that certificate. However, it must be remembered that an employer does not have the right to obtain further information from the employee’s treating doctor in regards to the actual medical condition of the employee.
Employers should act cautiously in disputing a medical certificate, and should only do so where there are genuine and well-founded concerns about the validity of the medical certificate not just a suspicion. Examples of objective evidence that may raise more than suspicion may be:
An employer can make a call to the medical clinic from which the medical certificate was obtained to check whether the employee did in fact attend on the day which is stated on the proffered certificate, and to ensure that the form of the medical certificate is in line with the medical clinic’s standard template. Another suggestion is to check to ensure the doctor who has issued the medical certificate is a registered health practitioner. This can be done by visiting the Australian Health Practitioner Regulation Agency's website.
Where an employer has confirmed the employee’s attendance with the doctor who has issued the medical certificate, the employer cannot insist that the employee provide more information about the medical condition, and their doctor is only legally required to state that the employee was unfit to attend work. It is difficult to challenge a valid doctor’s certificate unless the employer has further evidence that would suggest the employee was not actually ill or injured during the time which the medical certificate covers.
If, after speaking with the medical clinic, they have confirmed that the employee did not attend the clinic on the day stated in the medical certificate, or they confirm that the medical certificate is not consistent with the kind they issue to patients, the employer should follow their disciplinary and misconduct processes to ask the employee to explain their conduct, and decide on the course of action to take as a result.
If you would like further information or advice on the disciplinary process, please call the Workplace Advice Line on
1300 55 66 77.
