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Generally, theres no minimum amount of time you may take off that employers wont ask for a medical certificate. An employer can ask for evidence in support of leave at any stage. If the employee cant provide it, the employer may refuse to pay out their sick leave entitlements.
7 days off sick or less If youre off work sick for 7 days or less, your employer should not ask for medical evidence that youve been ill. Instead they can ask you to confirm that youve been ill. You can do this by filling in a form yourself when you return to work. This is called self-certification.
Medical certificates or statutory declarations are examples of acceptable forms of evidence. While there are no strict rules on what type of evidence needs to be given, the evidence has to convince a reasonable person that the employee was genuinely entitled to the sick or carers leave.
Casual workers are entitled to take unpaid sick leave. Do I need a medical certificate? Many workplace Agreements provide for two single-day absences annually without the need for a medical certificate. After this, employees can be asked to provide either a medical certificate or a Statutory Declaration.
If the employee is sick for one or two days, the employer has to grant paid sick leave, even if the employee is not booked off by a medical practitioner. If the employee is absent for more than two consecutive days without a medical certificate, the employer does not have to pay the employee.
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