Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Contents
When an employee calls in sick, you still need to manage rosters, pay entitlements and safety. Asking for a medical certificate can help you verify absences and keep things fair for the whole team - but it has to be done lawfully and sensitively.
In Australia, the Fair Work framework allows you to request “reasonable evidence” for personal/carer’s leave. The trick is knowing when you can ask, what counts as reasonable, and how to handle sensitive health information the right way.
In this guide, we’ll walk through when you can request medical certificates from employees, how the rules apply to different employment types, what to include in your workplace policy, and how to manage trickier scenarios like repeated absences, elective surgery, stress leave and returns to work.
What Counts As “Reasonable Evidence” Under Australian Law?
Under the National Employment Standards (NES), employees can take paid personal/carer’s leave (often called sick leave) when they’re unfit for work due to illness or injury, or to care for an immediate family or household member. You’re allowed to ask for evidence that would satisfy a reasonable person the leave was genuinely needed.
While the law doesn’t mandate one specific document, a medical certificate or statutory declaration is the most common way to supply evidence. A medical certificate usually includes the practitioner’s details, the date, the fact the employee is unfit for work, and the period covered. It shouldn’t reveal a diagnosis unless the employee chooses to provide it.
It’s common to wonder whether you can ask for a certificate for short absences. You can, so long as your request is reasonable and consistent with your policy or the applicable award or enterprise agreement. Some awards specify when evidence may be required and the notice employees should provide. If your award is silent, a clear internal policy can set expectations (for example, evidence after any absence, or after two consecutive days, or on days adjacent to weekends/public holidays).
For an overview of the rules around evidence and leave eligibility, it helps to read up on taking sick leave in Australia and how this interacts with your broader workplace obligations.
When Can You Ask An Employee For A Medical Certificate?
You can request reasonable evidence any time an employee takes personal/carer’s leave. The key is that your requirement must not be arbitrary or discriminatory, and it must follow the NES, any applicable award or enterprise agreement, and your own policies.
Typical situations where requesting evidence is reasonable
- Any period of paid personal/carer’s leave - including single-day absences, if aligned with your policy.
- Repeated or patterned absences (for example, frequent Mondays), where evidence helps manage operational risk and fairness.
- Absences on declared critical days (e.g. immediately before/after public holidays), if your policy requires evidence.
- Longer absences due to illness or injury, especially where safety or reasonable adjustments are being considered.
Importantly, the evidence only needs to state that the employee is unfit for work (or is providing care); it generally does not need to disclose the nature of the illness.
For a deeper dive into what constitutes a reasonable request, see our guide on when employers can request medical certificates, including how awards and policies can shape your approach.
How quickly should evidence be provided?
Employees should provide evidence “as soon as practicable” - that could be before they start their shift or as soon as they reasonably can after. Your policy can set practical timeframes (e.g. within 48 hours of returning to work) so everyone is clear on expectations.
Can you ask for additional information?
Generally, no. You shouldn’t ask for diagnosis details. If you need clarity on functional capacity (for example, whether the employee can safely perform specific duties), request a fit-for-work note or consider a tailored medical clearance request rather than sensitive clinical information. We explain this distinction in more detail below.
Do The Rules Differ For Casuals, Part-Timers And During Notice?
Yes - your approach may vary depending on employment type and the context of the absence.
Casual employees
Casuals don’t accrue paid personal/carer’s leave under the NES. However, they can take unpaid carer’s leave and may still need to provide evidence where required. If a casual employee calls in unfit, you can reasonably ask for a certificate if it aligns with your policy or applicable award, especially where reliability and safety are at stake. We’ve covered the nuances in our guide to medical certificates for casual employees.
Part-time and full-time employees
Permanent staff accrue paid personal/carer’s leave and must provide reasonable evidence upon request. Because the leave is paid, many employers set a baseline requirement for evidence after any absence. Whatever you choose, ensure the rule is consistent and clearly communicated.
During a notice period
Employees can take personal/carer’s leave during a notice period if they’re unfit for work. They may need to give evidence if you request it. A common question is whether the notice period “pauses” - typically, it doesn’t; the notice period continues to run, but employees are entitled to paid sick leave if they have accrual available. This area can be sensitive, so it’s wise to have a clear policy and refer to our guidance on sick leave during an employee’s notice period.
What about when leave is exhausted?
If an employee has used up their paid personal leave, they might request unpaid leave (or annual leave by agreement). You can still request evidence for unpaid personal/carer’s leave to ensure the absence is legitimate. See our practical tips for managing sick leave when entitlements run out.
What Should Your Sick Leave And Evidence Policy Include?
A clear, accessible policy is the best way to set expectations and avoid disputes. It should sit comfortably alongside your employment contracts and any applicable award or enterprise agreement.
Key elements to cover
- Eligibility and entitlements: Explain personal/carer’s leave (paid and unpaid), who it applies to, and how to request it.
- Evidence thresholds: Set out exactly when evidence is required (e.g. any absence, consecutive days, or critical dates) to keep it consistent and fair.
- Acceptable evidence: State that a medical certificate or statutory declaration is acceptable evidence, and that diagnosis is not required.
- Timeframes and process: How and when to notify you, who to send the certificate to, and the timeframe for submission.
- Privacy and data handling: How health information will be stored, who can access it, and for how long.
- Return-to-work and medical clearance: When you may ask for a fitness-for-duty note (e.g. after certain injuries, safety-critical roles, or prolonged absences).
- Non-compliance: Consequences if evidence isn’t provided without a reasonable excuse - handled fairly and in line with your disciplinary process.
If you don’t already have one, consider implementing an Employee Privacy Handbook and complementary workplace policies to ensure your processes are transparent and legally compliant.
Make sure contracts and policies align
Your Employment Contract should reference any requirement to comply with workplace policies, including sick leave evidence rules. This alignment helps avoid arguments about what’s “reasonable” and reinforces consistent standards across the team.
Handling Sensitive Health Information (Privacy, Discrimination And Safety)
Health information is sensitive personal information. That means you need to handle it with extra care, limit access to those with a genuine need-to-know, and store it securely. Only collect the minimum information you need to manage the absence or safety considerations.
Privacy and record-keeping
- Collect only what you need: Usually, that’s confirmation the employee is unfit for work and the period covered - not the diagnosis.
- Store securely: Limit access to HR or management and keep records secure for only as long as necessary.
- Communicate clearly: Your policy should explain what you collect and why, and how employees can submit evidence safely.
Discrimination and reasonable adjustments
Avoid policies or practices that indirectly discriminate against employees with disabilities or chronic health conditions. Where appropriate, explore reasonable adjustments and focus on capacity, not diagnosis. If mental health is a factor, remember you have obligations under work health and safety laws and the Fair Work framework - our overview of employer mental health obligations is a useful reference.
Medical clearance vs. medical certificate
A medical certificate verifies an absence; a medical clearance (or fit-to-work note) addresses whether an employee is safe to perform specific duties. In safety-critical roles or after significant injury/illness, it’s often reasonable to request a clearance to assess risks and any adjustments needed. For practical guidance on timing, scope and privacy, see our article on requesting medical clearance to return to work.
Managing Edge Cases: Repeated Absences, Elective Surgery, Mental Health And Return-To-Work
Not every absence will follow a straightforward pattern. Here’s how to approach common edge cases with confidence and compassion.
Repeated short-term absences
If patterns emerge (for example, frequent single-day absences), increase your evidence threshold and address the pattern through your normal performance or conduct process. Keep the conversation focused on attendance, operational impact and support - not diagnosis. Document your steps and apply your policy consistently across the team.
Elective surgery and planned procedures
Employees may schedule elective procedures that require recovery time. It’s reasonable to request evidence of the anticipated recovery period to plan rosters and discuss any reasonable adjustments. Where possible, encourage early conversations so you can both plan for a smooth return-to-work.
Mental health-related absences
Mental health is a legitimate basis for taking personal leave. Treat these absences with the same respect for privacy and the same evidence rules as any other illness. Focus on capacity and support - for example, temporary adjustments to duties or hours - and ensure confidentiality. Your broader WHS and Fair Work duties still apply.
Stress leave and prolonged absences
For longer absences (e.g. stress-related), it may be appropriate to request periodic updates on capacity to work, and later, a medical clearance before returning to duties - especially if the role has safety-critical tasks. If paid leave is exhausted, consider options like unpaid leave or annual leave by agreement. Our guide to managing sick leave when entitlements run out outlines practical steps for this stage.
During notice periods or performance processes
Absences can occur at delicate times, such as during notice or performance management. Keep your approach consistent: employees may still take personal leave if unfit, and you may request evidence. Where the absence affects handover or completion of key tasks, discuss alternatives and timelines openly. For further context, review sick leave during notice periods and make sure your policy is clear on expectations.
Frequent carer’s leave
Employees sometimes need to care for immediate family or household members. Carer’s leave requires the same “reasonable evidence” standard. A certificate does not need to disclose the condition - it only needs to show the employee is required to provide care and the period involved.
What if an employee can’t provide a certificate?
There will be genuine cases where a certificate can’t be obtained (for example, remote areas with limited access or same-day absences). Consider accepting a statutory declaration in line with your policy. If evidence is repeatedly missing without a reasonable excuse, you may manage it through your normal conduct process - but always assess the circumstances first and keep accurate records.
Refresh your evidence approach after a review
If managing absences is becoming a recurring issue, it’s a cue to review your policy, manager training and record-keeping processes, and ensure your approach remains reasonable and compliant across different roles and employment types.
Key Takeaways
- You can request “reasonable evidence” for personal/carer’s leave, and a medical certificate or statutory declaration usually satisfies this standard.
- Set clear thresholds in a written policy so employees know when evidence is required (e.g. any absence, consecutive days or critical dates) and submit it within a defined timeframe.
- Apply the rules consistently across full-time, part-time and casual staff - and remember casuals may still need to provide evidence for unpaid carer’s leave.
- Keep health information private, collect only what you need, store it securely, and avoid asking for diagnosis details unless the employee volunteers them.
- Use medical certificates to verify absences and medical clearances to assess fitness for duties, especially after significant illness/injury or in safety-critical roles.
- Plan ahead for tricky scenarios like repeated absences, elective surgery, mental health and return-to-work, and document your decisions carefully.
If you’d like a consultation on setting up or refining your sick leave and medical certificate processes, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
Related resources:
