Can my employer contact the doctor directly?

An employer may contact the medical provider to verify that a certificate is authentic (i.e., that it was indeed issued by them). However, the doctor cannot discuss your medical condition, diagnosis, or treatment details without your express written consent.

Does the certificate need to state my diagnosis?

No. Under Australian privacy laws and the Fair Work Act, a medical certificate only needs to state that you are 'unfit for work' for a specific period. It does not need to disclose the specific nature of your illness unless you choose to share it.

Can an employer reject a valid medical certificate?

Generally, no. If the certificate is issued by a registered medical practitioner and meets the evidence requirements of the Fair Work Act, an employer must accept it as valid proof of illness. Rejection is only permissible in very specific circumstances outlined in Enterprise Agreements.

What if my employer demands more information?

If your employer requests further medical information, you are not obligated to provide it for standard sick leave. You may politely refer them to the privacy laws protecting your health records. Prime Medic doctors will never release additional info without your permission.

Employers May Request Additional Information

Introduction

Usually, providing a medical certificate is the last thing you do when taking sick leave. Nonetheless, there may be occasions when an employer or HR manager would like additional information. Such a situation may confuse and discomfort employees regarding their rights. Could they inquire about the exact problem? Do I have to reveal my complete medical background?

The regulations under Australian legislation are explicit but also precise. While verifying leave legitimacy is an employer's right, generally, an employer does not have the right to access your private health information.

This article illustrates the few cases in which an employer may be legally entitled to request additional details, the narrow limits of privacy, and how the consent requirement protects you from intrusion.

It is essential to be careful when sharing documents. For tips on doing this securely, please refer to our article, "Sharing Your Certificate: Consent and Security."

Cases in Which Employers Are Allowed to Ask for More Medical Information

As a rule, a valid doctor's note confirming that you have been "declared unfit for work" is lawful leave evidence for personal leave under the Fair Work Act 2009. Nevertheless, there are a few instances when an employer may reasonably request additional information.

Allowed Situations

Ambiguity: In case the document is hard to read, lacks dates, or does not clearly state that you are unfit for work.
Safety-Critical Roles: If your job is high-risk (e.g., pilot, heavy machinery operator), your employer might need to be sure that your medication or medical condition does not endanger the safety of work upon your return.
Prolonged Absence: For an illness over a long period of time, a workplace may ask for a "functional capacity" report (what you can/cannot do) to plan a Return to Work program.
Leave Pattern: If the employee's leave authenticity is in question (e.g., being sick on every Friday), the employer may request additional proof, but may not request the diagnosis.

If you understand the following rules, you can avoid conflicts. To learn more about data management, please go through our Legal Compliance section or Privacy Policy.

The Information Employers Are Not Allowed to Ask for

There is an apparent distinction between "employment information" and "medical information."

The "No Diagnosis" Principle

However, if you do not bring it up voluntarily, your employer would not be legally allowed to ask:

Your precise diagnosis (e.g., "I am clinically depressed" or "I have Chlamydia").
The exact symptoms you have.
The names of the drugs you have been prescribed (except when they impinge on work safety).
Information about previous doctor visits.

Employers are not entitled to ask for specific medical diagnoses or detailed symptoms. A general reference to the 'medical condition' is sufficient for standard sick leave purposes. Employers may not request specifics unless it directly impacts workplace safety (e.g., infectious diseases in a food-handling role).

Sharing Medical Information with the Consent of the Patient

No medical information can be shared with your employer unless explicit written consent is provided. Even with consent, only information directly related to your work ability (e.g., physical restrictions or work capacity) will be disclosed. Detailed clinical details or diagnoses will not be shared unless necessary for workplace safety or other compliance-related reasons.

Employer Verification and Privacy Safeguards

Usually, when employers request information, they are simply verifying the authenticity of the certificate. They are not conducting medical inquiries.

Verification and Investigation

Verification: Confirming that the certificate was issued by a doctor (i.e., checking the signature) on the stated date. It is within the law and regular practice.
Investigation: Insisting on seeing clinical notes or asking for reasons for a visit. This is mainly considered an invasion of privacy, so consent is needed.

Employers can use the Prime Medic verification portal to confirm the authenticity of your certificate (e.g., signature, date, confirmation of medical condition) without access to your personal health data. Verification is allowed, but investigation into clinical notes or the reason for your visit requires explicit patient consent.

Legal Protections for Employees

A group of three Australian laws work to keep you safe

Fair Work Act 2009: This law prevents a person from experiencing "adverse action" as a result of exercising their right to workplace sick leave by providing valid evidence.
Privacy Act 1988 (OAIC): This law limits how employers can collect and retain your sensitive health information. It also requires employers to maintain confidentiality and security.
AHPRA Standards: These guidelines prevent doctors from disclosing patient information, ensuring the doctor's office remains secure.

Knowing is your most potent weapon. Check out our complete Legal Compliance overview and Quality Compliance standards.