What is medical evidence?
Medical evidence is the proof an employer can require for personal or carer's leave, such as a medical certificate or statutory declaration.
Medical evidence is documentation that supports a claim for paid personal/carer's leave or compassionate leave under the National Employment Standards. The Fair Work Act 2009 says an employee must give evidence that would satisfy a reasonable person that the leave was genuinely taken for the reason claimed.
Acceptable evidence is usually a medical certificate from a doctor or, where that is not practical, a statutory declaration. An employer can ask for evidence even for a single day's absence if their policy or award requires it, but they are not entitled to know your specific diagnosis.
Key facts
- •The Fair Work Act 2009 requires evidence that would satisfy a reasonable person
- •A medical certificate or a statutory declaration are the usual accepted forms
- •Employers can request evidence even for a single day, depending on policy or award terms
- •If you don't provide reasonable evidence when asked, the leave may be unpaid
- •An employer is not entitled to your specific medical diagnosis, only that you were unfit for work
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Leave Entitlements CalculatorFrequently asked questions
Can my employer ask for a medical certificate for one sick day?
Yes. Under the Fair Work Act an employer can require evidence for any period of personal/carer's leave if they ask for it, even for a single day, provided the request is reasonable.
Will a statutory declaration be accepted instead of a doctor's certificate?
Often yes. Where it is not reasonably practical to get a medical certificate, a statutory declaration that would satisfy a reasonable person is generally an acceptable form of evidence.
General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.