Knowingwhen and how to request personal medical information from employees with Glenn Duker, solicitor

It is usually around this time of year when you find an increased number of employees calling in sick. This is generally acceptable as, under the Fair Work Act 2009,they are entitled to a paid sick leave when evidence was provided in the form of a medical certificate or statutory declaration to prove that they were unfit for work.

But what can you do if an employee refuses to give you a medical certificate, provides one that seems inauthentic, or does not provide you sufficient information? Glenn Duker, lawyer and solicitor, is an expert in these matters.

Generally, a one-off absence without a certificate is acceptable. However if you suspect that your employee was, in fact, fit for work, it is reasonable to request one. 

In the event that you suspect a forgery or are unconvinced of its accuracy, you can seek confirmation from the doctor who signed it. If the doctor confirms that the information is correct, it is best not to take the issue any further.

You are allowed to withhold pay for sick leave until you have been provided with verified confirmation for the absence. However, you cannot simply deny pay for sick leave because you don’t believe the evidence given by the employee to be true, and that they were unfit for work.

I would advise you to frame your request around a lawful reason if you are seeking further information on an employee’s health. For example, you need the information to develop measures that may help the employee perform their role satisfactorily etc.

For more detailed information on this topic or if you need any assistance at all, please don’t hesitate to contact solicitor and lawyer Glenn Duker, who will always be happy to help.