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.
FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.