You may take up to five days of personal leave in a year without a medical certificate but it cannot be for three or more consecutive days. Our view is that you are better off providing a certificate whenever you can.
If you are taking personal leave (sick or carers leave) for three or more consecutive days then you will need to provide your employer with a medical certificate.
This medical certificate needs to be from a registered health practitioner. This includes registered health practitioners for illness or injury within their chosen field of practice. So this means that a certificate from a dentist for a mental condition will not be accepted, but for an infected tooth it would be fine.
Registered Health Practitioners include:
- medical doctors – general practitioners, specialists and surgeons;
- dental prosthetics/specialist (Tasmanian only);
- optometrists (Tasmanian only);
- podiatrists (Tasmanian only); and
- radiation technologists (Tasmanian only).
What if you cannot get a medical certificate?
If it is not reasonably practicable for you to provide a medical
certificate then you can provide a statutory declaration stating the circumstances and the reasons for which leave is required.
But you cannot provide a statutory declaration if are absent for three or more consecutive days, or you have taken the five days of personal leave without a medical certificate above.
Other points to note
If an employee provides a medical certificate for only part of the employee’s absence, the remaining period must be recorded as non-certificated leave.
A principal/manager should not allow you to attend work if that day is covered by a medical certificate unless a medical clearance is provided by a registered health practitioner.
Personal leave for illness or injury will not be granted to you if you are suspected of being absent from duty without sufficient cause.
With a reasonable notice you may be directed to undergo a medical examination by a registered health practitioner selected and paid for by your employer at any reasonable time and place. If so let us know.
If they seek your consent to obtain a medical report from your GP contact us before providing consent.