What Are Your Rights When Taking Sick Leave in Australia?
Introduction
Taking sick leave is a fundamental workplace right in Australia, allowing employees to recover from illness without fear of losing their job. However, many workers are unaware of their legal entitlements, employer obligations, and what documentation is required.
In this guide, we’ll break down your rights when taking sick leave in Australia, including Fair Work policies, employer responsibilities, and how to obtain a legally valid medical certificate.
How Much Sick Leave Are You Entitled To?
Full-Time & Part-Time Employees
✔ Under the Fair Work Act 2009, full-time employees are entitled to 10 days of paid sick leave per year, which accumulates over time. ✔ Part-time employees receive a pro-rata amount based on their working hours. ✔ Sick leave does not reset annually—unused leave rolls over each year.
Casual Employees
❌ Casual workers are not entitled to paid sick leave. ✅ However, they may take unpaid sick leave if necessary, under the National Employment Standards (NES).
Do You Need a Medical Certificate for Sick Leave?
✅ Yes, if your employer requests one – Employers have the right to ask for a medical certificate to prove your illness.
✅ Legally, the certificate must be issued by a registered doctor or healthcare professional. ✅ For short absences (1-2 days), a certificate is often not required, but policies may vary by workplace.
🔹 If your employer denies sick leave without valid reasons, you can report them to Fair Work Australia.
Can Employers Reject Your Sick Leave Request?
Employers cannot refuse a valid sick leave request if: ✔ You have sufficient accrued sick leave. ✔ You have provided a valid medical certificate if required. ✔ The leave is taken for legitimate illness or injury.
🚨 If an employer unfairly denies your sick leave, you may lodge a complaint with Fair Work Australia.
Can You Be Fired While on Sick Leave?
❌ No. Employers cannot terminate an employee simply for taking sick leave. ✅ However, dismissal is legal if:
You take extended sick leave beyond your entitlement without approval.
There is no medical evidence proving your inability to work.
The business can prove that your absence is affecting operations significantly.
🔹 Long-term sick leave (more than 3 months): If you’re away from work for more than 3 months, an employer may have the right to dismiss you under specific conditions.
How to Ensure Your Sick Leave Is Approved
📌 Follow company policies – Every workplace has different rules for sick leave. 📌 Notify your employer ASAP – Inform them as soon as possible to avoid misunderstandings. 📌 Provide a doctor’s certificate – This strengthens your case and ensures leave approval. 📌 Use trusted medical providers – Get a legally valid online medical certificate if you’re unable to visit a doctor in person.
Where to Get a Valid Medical Certificate for Sick Leave?
If your employer requires a doctor’s note, you can obtain one through: ✅ Your local GP or clinic ✅ Telehealth services (Online doctor consultations) ✅ Registered online medical certificate providers like Doctors Note Australia
🔹 Need a same-day medical certificate? Visit DoctorsNote.com.au to get a legally valid sick leave certificate in minutes.
Conclusion
Understanding your rights when taking sick leave in Australia ensures you can confidently take time off when needed. Employers must adhere to Fair Work policies, and sick leave cannot be denied without proper justification.
If you need a legally recognized medical certificate, Doctors Note Australia provides fast, secure, and doctor-approved certificates online, making it easier for employees to validate their sick leave.
➡ Need a doctor’s note for sick leave today? Visit DoctorsNote.com.au now!
Further read : How to Request a Fit-for-Work Certificate After Illness or Injury.
DR. R. Singh