An employee calls in sick on Friday and provides a medical certificate. Later that day, you see photos of them at a sporting event or social function. Can you challenge the medical certificate?

The short answer is: sometimes, but employers should proceed carefully.

Under the Fair Work Act, employees may be required to provide evidence that would satisfy a reasonable person that they were unable to work because of a personal illness or injury. In most cases, a medical certificate will satisfy this requirement.

As a general rule, employers should accept a medical certificate that appears genuine and complete at face value. However, there are circumstances where an employer may be entitled to seek further information or verify the information provided.

When might an employer be justified in asking questions?

Some examples include:

Evidence inconsistent with the claimed incapacity

• There is credible evidence suggesting the employee was fit for work or engaging in activities inconsistent with the medical condition relied upon.

Concerns about dishonesty or fraud

• There are legitimate concerns regarding the authenticity of the certificate or the circumstances in which it was obtained.

Extended absences or safety concerns

• The duration of the absence, the nature of the employee’s role or workplace safety considerations justify seeking further information about the employee’s fitness for work.

A significant change in medical opinion

• There is a sudden or unexplained change in the employee’s reported medical capacity which warrants clarification.

Proceed with caution

Before challenging a medical certificate, employers should ensure there is a genuine reason for doing so. Any request for further information should be lawful, reasonable and limited to matters relevant to the employee’s fitness for work or entitlement to leave.

A medical certificate is not immune from scrutiny. However, employers should also remember that incorrectly rejecting a medical certificate can expose the business to legal risk.

Employers should have a sound and objective basis before questioning it. If concerns arise, document the reasons, seek appropriate clarification and obtain advice before taking action.

If you would like to discuss this or other workplace issues, please contact Andrew Bland or call 02 9412 3077.