Is it illegal to backdate a medical certificate?

Backdating the "Date of Issue" (the date when the certificate was signed) is prohibited. Nevertheless, a physician is authorised to certify the "Period of Illness", which could be earlier than the date of consultation as long as the doctor has the medical certainty that the patient was unwell at that time.

Shall I get my employer's approval for a retrospective medical certificate?

If the certificate is legitimate, and the delay in seeking medical help is explained, many employers may accept a retrospective certificate. The decision, however, rests with the employer and its policies.

What kind of proof is necessary for a retrospective note?

A thorough outline of your symptoms is the primary requirement. Evidence of the illness, such as ongoing symptoms or medical records, may support a retrospective certification request. A physician will assess whether the available information warrants issuance of such a certificate. A doctor retrospectively determines that a patient was ill only if the patient could not otherwise be certified as ill, because the cure is complete. The nature of the illness cannot be verified anymore.

What should I do if my sickness was so severe that I could not have made an appointment earlier?

After you recover from the sickness, you should book a meeting with the doctor and tell the health professional the story from the start. Alternatively, a Statutory Declaration may be used as evidence for the days you could not see a ????????doctor.

Requesting a Backdated Certificate in Australia

Introduction

Patients who have been seriously ill and housebound frequently ask, "Is it possible to have a medical certificate for yesterday?"

In Australia, regulations on issuing retrospective medical certificates are strict. A medical certificate is a legal document, and, according to the guidelines of the Medical Board of Australia and AHPRA, doctors must ensure that all their paperwork is truthful and accurate.

In most circumstances, a certificate cannot be backdated. However, under specific conditions, a doctor may provide retrospective certification based on their professional assessment. A retrospective certificate may be issued in certain circumstances, provided sufficient evidence supports the claim.

The policy on backdating, as well as the limits of what a doctor can legally sign and what employers generally require as evidence, are explained in this article.

It is essential to be aware of the constraints of AHPRA standards for healthcare professionals in Australia. For a general breakdown of typical requests, refer to our Online Medical Certificates guide.

What Is a Backdated Medical Certificate?

To really get it, you must know the difference between the Date of Issue and the Period of Illness.

1. Date of Issue (Cannot be Backdated)

The "Date of Issue" is the day the doctor actually sees you and signs the document.

Rule: No physician may legally alter this date. Upon visiting a doctor on Wednesday, your certificate will be dated Wednesday. Altering the "Date of Issue" is not permissible, and all medical certificates must accurately reflect the consultation date to avoid any legal complications.

2. Period of Illness (Retrospective Coverage)

"Period of Illness" refers to the period during which the patient's condition may have affected their ability to work, as determined by the physician during the consultation.

The doctor may issue a certificate saying you were medically unfit to work before the date of the consultation (e.g., "Unfit from Tuesday to Thursday," even if the consultation is on Wednesday).

It is all about legality. Hence, the employers are authorised to confirm the authenticity of these dates through our validation procedure. To learn more about the legal framework, please see our legal compliance page.

When Might a Doctor Consider Backdating?

Significant: Retrospective certification is not a matter-of-fact agreement. It is purely up to the doctor's clinical judgement. Without sufficient evidence that you were unwell at that time, a doctor may certify illness only on the information available during the consultation. Retrospective certification requires enough clinical evidence supporting the disease at the time.

Few Scenarios

When the doctor may contemplate a period in the past could be:

Very recent beginning: The disease has been contracted very recently (e.g., within the last 24-48 hours), and there are still clear signs of it.
Continuity of care: You are a regular patient, are aware of your condition (e.g., migraines), and it is well-documented.
Proof: You have concrete evidence of the illness (e.g., a dated pathology report or photographs of a visible injury).

No to requests

When will doctors say no to backdating?:

You are asking for a certificate for a period that ended days or weeks ago.
You have gotten better, and there are no signs of illness that can be medically assessed.
Retrospective certification may not be issued for periods during which there is insufficient evidence to support the illness or when the request does not meet the physician-established clinical criteria.

Telehealth consultations are suitable for reviewing current symptoms and determining whether retrospective certification is appropriate, based on available clinical evidence. We uphold privacy standards and quality compliance so that, during the review stage, all certificates can withstand scrutiny.

Employer Policies and Evidence Expectations

The Fair Work Act 2009 requires an employee to present evidence that would satisfy a "reasonable person" of the employee's claim of being unfit for work.

Employer Verification

Employers have increased their focus on dates and Employer Verification Rights for Medical Certificates.

Discrepancy: If you were not at work on Monday, however, the doctor's certificate you provided is dated Wednesday for "Date of Issue," your employer might want to know why you did not have a medical consultation earlier.
Many accept: When the certificate period corresponds with the days you did not come to work and the delay in getting medical help is reasonable (e.g., you were vomiting so severely that you couldn't go to a doctor), most employers will accept such a retrospective certificate.

It is essential to be truthful about the circumstances surrounding your illness and absence. If you are unable to obtain a certificate, alternative options may be available for your employer to consider.

Are you eligible? Review the rules governing eligibility for medical certificates. Furthermore, employers can learn how to verify an online medical certificate to confirm its authenticity.

Privacy and Consent Considerations

Regardless of whether the matter is a sensitive period of consultation, your privacy will remain intact.

What Employers See: The period you were not fit for work and the doctor's signature.
What They Don't See: They do not see your diagnosis or your detailed consultation notes explaining why you sought care late, unless you choose to share that.

Our management of your information complies with the stringent OAIC standards. To find out more, please read our privacy policy.

Safer Alternatives to Backdating

If you are unable to obtain a medical certificate covering the required dates, alternative options may be offered to the employer for discussion.

A Statutory Declaration may be an alternative option to explain absences when a medical certificate cannot be obtained. This is subject to employer policies and applicable legal standards. Under the Fair Work Act, a medical certificate is not required; however, it is usually accepted as evidence.
Consultation Summary: A certificate that does not specify the consultation date may be accepted if the doctor records that the patient attended today.
Leave Without Pay: One may leave the door open to unpaid leave if no evidence is provided.

If you require a formal assessment of your fitness to return to work after illness, a Fitness-to-Return certificate may be issued following a consultation.