Quick Summary
Quick Summary
- Yes, an employer can legally require a medical certificate for a single day of sick leave in Australia under the Fair Work Act 2009.
- The request must be reasonable — a blanket policy demanding certificates for every absence may be challengeable.
- If an employee refuses to provide evidence when asked, the employer is not required to pay them for that day.
- Medical certificates and statutory declarations are both acceptable forms of evidence under the NES.
- Online medical certificates are generally valid and cannot be rejected simply because they were issued digitally.
Yes — an employer in Australia can legally require an employee to provide a medical certificate for a single day of sick leave. Under the Fair Work Ombudsman’s guidance on notice and medical certificates, employers can ask for evidence for as little as one day or less off work. The request must be reasonable in the circumstances, not a blanket rule for every absence.
For employers managing payroll and leave compliance, understanding when you can demand evidence — and what happens when an employee refuses — is critical to avoiding underpayment claims and workplace disputes.
Can an Employer Legally Require a Medical Certificate for One Day of Sick Leave?
Yes. Section 107 of the Fair Work Act 2009 sets out the notice and evidence requirements for paid personal/carer’s leave. The employer can ask the employee to provide evidence that would satisfy a reasonable person that the leave is being taken for a valid reason. The Fair Work Ombudsman explicitly states that employers can ask for evidence for as little as one day or less off work.
What Counts as Acceptable Evidence?
Medical certificates and statutory declarations are the most common forms. A certificate from a registered medical practitioner is the gold standard, but a statutory declaration may suffice for short absences where seeing a doctor is impractical. The Fair Work Act does not prescribe a specific form — it requires evidence that would satisfy a reasonable person.
What the Fair Work Act Says About Evidence for Personal Leave
The NES entitles full-time employees to 10 days of paid personal/carer’s leave per year (pro-rata for part-time). When taking this leave, the employee must notify the employer as soon as practicable, advise the expected period, and provide evidence if asked. If the employee fails to meet these requirements, the employer is not obligated to pay — but must actually ask for evidence first.
When Is Requesting a Medical Certificate Reasonable?
Factors that make a request reasonable include: a pattern of absences on specific days (Mondays, Fridays, after public holidays), absences coinciding with known events, a history of unexplained absences, inadequate notice, or a clear communicated policy. A blanket policy requiring certificates for every absence regardless of context may be found unreasonable. See our guide on dealing with employees who take illegitimate sickies.
⚠️ Don’t withhold pay without a clear evidence request
Before refusing to pay sick leave, you must have asked the employee for evidence and given them a reasonable opportunity to provide it. Withholding pay without making a clear request can expose your business to underpayment claims and general protections action.
Key Takeaways
Key Takeaways for Employers
- ✓Employers can ask for evidence for as little as one day or less of sick leave under Fair Work Act s.107
- ✓The evidence request must be reasonable in the circumstances — consider the pattern, timing and nature of the absence
- ✓Employees who fail to provide evidence when asked may lose their entitlement to paid personal leave for that absence
- ✓Modern Awards and enterprise agreements may include specific evidence provisions that override general NES rules
- ✓Document your evidence policy in writing and apply it consistently to avoid claims of unfair treatment
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What Happens If an Employee Refuses to Provide Evidence?
If asked for evidence and the employee refuses, the employer is not required to pay for that day. However: the request must be clear and specific, the employee must be given a reasonable opportunity to comply, and the employer should document everything in writing. Withholding pay without a documented request can lead to underpayment claims. For advice on your situation, speak to one of our employment lawyers.
Modern Award and Enterprise Agreement Variations
Many Modern Awards and enterprise agreements include specific evidence requirements — some requiring certificates after two or more consecutive days, others requiring evidence for any paid personal leave. Check your applicable instrument. If the NES is more favourable, it prevails. For broader support, see our HR best practice resources.
Online Medical Certificates — Can Employers Reject Them?
Online certificates from registered telehealth services are generally valid. Employers cannot reject a certificate solely because it was issued digitally. However, a certificate lacking dates of illness or practitioner registration details can be questioned. Rejecting a valid certificate without reasonable grounds can expose the employer to claims of withholding entitlements.
Best Practice for Employers Managing One-Day Sick Leave
- Have a written leave policy with clear evidence requirements, reviewed annually
- Communicate the policy during onboarding and when updates are made
- Apply it consistently — singling out employees risks discrimination claims
- Keep records of all evidence requests and responses
- Consider statutory declarations for short absences to reduce burden
- Address patterns through performance management, not arbitrary refusals
Having clear employment document templates makes it easier to enforce evidence requirements defensibly.
Frequently Asked Questions
Yes. Under section 107 of the Fair Work Act 2009, an employer can ask an employee to provide evidence for as little as one day or less of paid personal/carer’s leave. The request must be reasonable in the circumstances — for example, if the employee has a pattern of suspicious absences or if there is a clear workplace policy requiring evidence for all sick leave. If the employee does not provide evidence when asked, the employer is not required to pay them for that day.
Medical certificates from a registered medical practitioner and statutory declarations are the most common and widely accepted forms of evidence. The Fair Work Act requires evidence that would satisfy a reasonable person that the leave was taken for a valid reason. Online medical certificates from registered telehealth services are also generally valid and cannot be rejected solely because they were issued digitally. Some employers may also accept other evidence such as hospital discharge summaries or pharmacist letters.
Yes, but only if the employer has specifically asked the employee for evidence and given them a reasonable opportunity to provide it. The employer cannot simply assume the absence is unjustified. If the employee refuses or fails to provide evidence after being asked, the employer is not obligated to pay for that day of personal leave. The request and refusal should be documented in writing to protect the employer in case of a later dispute.
A blanket policy is not automatically illegal, but it may be found unreasonable in certain circumstances. The Fair Work Commission has indicated that requiring a certificate for every single absence — regardless of the employee’s history or the nature of the illness — can be excessive. Employers are better served by a policy that allows for discretion based on circumstances, while still requiring evidence for patterns of concern or longer absences.
Generally no. A medical certificate issued by a registered medical practitioner through a telehealth or online service is valid under Australian law. Employers cannot reject a certificate solely because it was issued online. However, employers can question a certificate that lacks sufficient detail, such as missing dates of illness or practitioner registration information. Each certificate should be assessed on its merits, not its format.
Some Modern Awards and enterprise agreements include specific evidence requirements that may differ from or add to the NES baseline. For example, some awards specify that a medical certificate is required after two or more consecutive days of absence, while others may allow statutory declarations for shorter periods. Employers should check the leave provisions in their applicable award or agreement to ensure full compliance.
If an employee has a pattern of single-day absences that raises concerns, the employer should first request evidence for each absence in writing. If the employee consistently refuses or the evidence is inadequate, the employer can withhold pay for those days. For persistent issues, the employer may need to initiate a formal performance management process, but should seek legal advice before doing so, as sick leave and performance management intersect in legally sensitive ways.
Under the National Employment Standards, full-time employees are entitled to 10 days of paid personal/carer’s leave per year. Part-time employees receive a pro-rata equivalent based on their ordinary hours of work. Casual employees are not entitled to paid personal leave but may access two days of unpaid carer’s leave per occasion. The leave accrues progressively from the start date and carries over from year to year.
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