Navigating employee absences due to illness can sometimes be a bit tricky, especially when it comes to asking for medical certificates. If you’re wondering “can ask an employee for a medical certificate?”, you’re not alone.
An award or registered agreement can specify when an employee has to give evidence to their employer and what type of evidence they must provide. It’s important to remember the type of evidence requested must always be reasonable in the circumstances. Let’s break it down in simple terms.
Your Rights as an Employer
Yes, as an employer, you can definitely ask for evidence if an employee is away due to illness or injury, or they needed to provide care or support to an immediate family or household member (because of an illness, injury or unexpected emergency affecting the member).
This is totally within your rights and can help you keep track of attendance and verify the legitimacy of any absence. The Fair Work Act 2009 supports this, allowing you to seek proof when someone takes sick or carer’s leave.
When should you request evidence?
- If They’re Off for More Than a Day: If an employee is sick for more than one day, it’s reasonable to ask for a medical certificate. This helps ensure that the absence is genuine and keeps your records straight.
- Patterns of Absence: If you notice someone is frequently absent—say, often on Mondays or Fridays—it’s okay to ask for a medical certificate, even for shorter absences. Just remember to approach this with sensitivity.
- Health Concerns: If you’re worried that an employee’s health is affecting their work or safety, it’s fair to have a chat. While you can ask for a medical certificate but be sure to approach the topic respectfully and be mindful of their privacy.
How to ask for a medical certificate
When asking for a medical certificate, do it with care. Here are some friendly tips:
- Be Clear: Let the employee know you need a medical certificate for their absence. Be straightforward but kind—many people might feel anxious about discussing their health.
- Explain Why: It helps to clarify why you’re asking for the certificate. Whether it’s company policy or because they’ve been off for a while, being transparent can ease any concerns.
- Show Respect: Remember, health issues can be sensitive. Approach the situation with empathy and keep the lines of communication open.
Employee rights and privacy
Don’t forget that employees have the right to privacy regarding their medical issues. When you ask for a medical certificate, it must contain the following information:
- name and date of birth;
- the date the certificate was issued;
- name of the medical professional who issued the certificate;
- the medical professional’s signature;
- a statement that the employee is unfit due to illness or injury; and
- the dates for which the employee is unfit to work.
The certificate will not delve into the specifics of their condition. However, if the employee consents, the medical professional can provide more information about the employee’s illness or injury to you.
If an employee feels uncomfortable providing a certificate, encourage them to share their concerns. Be open to discussing other ways to verify their absence if needed.
Wrapping It Up
So, can I ask my employee for a medical certificate? Yes! you can ask an employee for a medical certificate, particularly if they have been absent for more than one day or if you notice patterns in their sick/carer’s leave. But it’s important to remember that it’s all about how you handle the situation.
Keeping your conversations and requests clear, professional, and compassionate can make the process smoother for all parties. A little empathy can go a long way in creating a supportive work environment while also managing absences effectively.
If you have any questions regarding medical certificates or ill or injured employees reach out to Industryus HR. Get in touch to arrange a free and confidential introductory call or email hello@industryus.com.au