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I was sick and submitted a medical certificate, but my employer didn’t accept it. Can they refuse sick leave?
Harry SpectacularResponse

I understand you're in a tough spot. It's frustrating when you're unwell and your employer questions your sick leave, especially when you've done the right thing by providing a medical certificate. It's definitely not a comfortable situation to be in when you're trying to recover. Let's find out what the rules are around this to make sure your rights are protected.

I understand you were sick, provided a medical certificate, but your employer didn't accept it and is refusing your sick leave. This is concerning because employers have limited grounds to refuse valid sick leave requests.

Your Right to Sick Leave

. You've already provided this evidence through your medical certificate.

. A medical certificate is typically the gold standard of evidence for sick leave, so your employer's refusal raises questions about their reasoning.

When Evidence Can Be Rejected

. However, this applies when you don't provide evidence - not when you provide appropriate evidence like a medical certificate.

The documents show that even alternative evidence can be acceptable. .

What You Should Do

Your employer needs to explain why they're refusing to accept your medical certificate. Ask them in writing:

  • What specific issue they have with your medical certificate
  • What additional evidence they require
  • Why a medical certificate isn't sufficient

.

Check your employment contract, enterprise agreement, or applicable award to see if there are specific requirements about medical certificates that might explain their position.

Your Legal Position

You have a strong legal position here. Medical certificates are the standard form of evidence for sick leave, and employers cannot arbitrarily refuse them without reasonable grounds. If your medical certificate is legitimate and from a qualified medical practitioner, your employer's refusal appears unreasonable.

If they continue to refuse your sick leave without valid justification, this could constitute a breach of your National Employment Standards entitlements. You should document all communications about this issue and consider escalating through your workplace's internal processes first.

If the issue isn't resolved internally and your employer maintains their unreasonable position, you may need to consider external options like contacting the Fair Work Ombudsman for assistance with recovering your unpaid sick leave entitlements.

Message
I was sick and submitted a medical certificate, but my employer didn’t accept it. Can they refuse sick leave?
Harry SpectacularResponse

I understand you're in a tough spot. It's frustrating when you're unwell and your employer questions your sick leave, especially when you've done the right thing by providing a medical certificate. It's definitely not a comfortable situation to be in when you're trying to recover. Let's find out what the rules are around this to make sure your rights are protected.

I understand you were sick, provided a medical certificate, but your employer didn't accept it and is refusing your sick leave. This is concerning because employers have limited grounds to refuse valid sick leave requests.

Your Right to Sick Leave

. You've already provided this evidence through your medical certificate.

. A medical certificate is typically the gold standard of evidence for sick leave, so your employer's refusal raises questions about their reasoning.

When Evidence Can Be Rejected

. However, this applies when you don't provide evidence - not when you provide appropriate evidence like a medical certificate.

The documents show that even alternative evidence can be acceptable. .

What You Should Do

Your employer needs to explain why they're refusing to accept your medical certificate. Ask them in writing:

  • What specific issue they have with your medical certificate
  • What additional evidence they require
  • Why a medical certificate isn't sufficient

.

Check your employment contract, enterprise agreement, or applicable award to see if there are specific requirements about medical certificates that might explain their position.

Your Legal Position

You have a strong legal position here. Medical certificates are the standard form of evidence for sick leave, and employers cannot arbitrarily refuse them without reasonable grounds. If your medical certificate is legitimate and from a qualified medical practitioner, your employer's refusal appears unreasonable.

If they continue to refuse your sick leave without valid justification, this could constitute a breach of your National Employment Standards entitlements. You should document all communications about this issue and consider escalating through your workplace's internal processes first.

If the issue isn't resolved internally and your employer maintains their unreasonable position, you may need to consider external options like contacting the Fair Work Ombudsman for assistance with recovering your unpaid sick leave entitlements.

Message
I was sick and submitted a medical certificate, but my employer didn’t accept it. Can they refuse sick leave?
Harry SpectacularResponse

I understand you're in a tough spot. It's frustrating when you're unwell and your employer questions your sick leave, especially when you've done the right thing by providing a medical certificate. It's definitely not a comfortable situation to be in when you're trying to recover. Let's find out what the rules are around this to make sure your rights are protected.

I understand you were sick, provided a medical certificate, but your employer didn't accept it and is refusing your sick leave. This is concerning because employers have limited grounds to refuse valid sick leave requests.

Your Right to Sick Leave

. You've already provided this evidence through your medical certificate.

. A medical certificate is typically the gold standard of evidence for sick leave, so your employer's refusal raises questions about their reasoning.

When Evidence Can Be Rejected

. However, this applies when you don't provide evidence - not when you provide appropriate evidence like a medical certificate.

The documents show that even alternative evidence can be acceptable. .

What You Should Do

Your employer needs to explain why they're refusing to accept your medical certificate. Ask them in writing:

  • What specific issue they have with your medical certificate
  • What additional evidence they require
  • Why a medical certificate isn't sufficient

.

Check your employment contract, enterprise agreement, or applicable award to see if there are specific requirements about medical certificates that might explain their position.

Your Legal Position

You have a strong legal position here. Medical certificates are the standard form of evidence for sick leave, and employers cannot arbitrarily refuse them without reasonable grounds. If your medical certificate is legitimate and from a qualified medical practitioner, your employer's refusal appears unreasonable.

If they continue to refuse your sick leave without valid justification, this could constitute a breach of your National Employment Standards entitlements. You should document all communications about this issue and consider escalating through your workplace's internal processes first.

If the issue isn't resolved internally and your employer maintains their unreasonable position, you may need to consider external options like contacting the Fair Work Ombudsman for assistance with recovering your unpaid sick leave entitlements.

Responses are not legal advice