In Australia, an employer generally cannot reject a valid medical certificate. The legal standard is simple: if a registered medical practitioner has confirmed you were unfit for work during a stated period, that is sufficient evidence for sick leave.
The Grounds for Rejection
The law does not require an employer to accept a certificate that fails basic standards of authenticity or completeness. Legitimate grounds include a well-founded suspicion of fraud, a certificate that is missing essential details (the date of issue, the doctor's provider number, or the period of unfitness), content too vague to satisfy a reasonable person, or a certificate backdated to cover a period before the consultation took place.
Disliking the provider is not a valid reason. Neither is a general sense that the employee was not as unwell as claimed. Employers need concrete, evidence-based grounds.
What Employers Cannot Do
- Reject a telehealth certificate. An online or phone consultation with a registered medical practitioner produces a certificate that carries exactly the same legal weight as one issued in person. Remote delivery is not a basis for refusal.
- Demand your diagnosis. A doctor is not obligated to disclose your specific condition. Confirming unfitness for work over a stated period is all that is required.
- Override your certificate with internal policy. Employers can set their own absence reporting procedures, and you must follow them — but those procedures cannot be used to nullify a certificate that is otherwise valid.
- Discuss your condition with your doctor. In limited circumstances an employer may contact the issuing practitioner to verify a certificate's authenticity. That is the extent of it. They cannot ask about your medical condition.
If Your Certificate Is Rejected
The practical test is whether your certificate constitutes sufficient evidence, to a reasonable person, that you were entitled to take leave. If you believe yours was wrongfully denied, the Fair Work Ombudsman is the right starting point for advice.