Can my employer call the doctor to ask what is wrong with me?

No. Without your consent, your doctor is prohibited from disclosing your medical information to your employer. The doctor may, by phone, confirm an employer's request to verify that a certificate was issued to a particular employee, but may not discuss your diagnosis.

What if my employer rejects a certificate that says "medical condition"?

Generally, under the Fair Work Act, a medical certificate from a doctor is considered valid as evidence. Thus, there shouldn't be an issue if the employer refuses to accept the standard wording of the certificate unless, in your specific case, either an Enterprise Agreement or health and safety are factors that can be considered as grounds for such refusal. In such a case, you can point the employer to the Fair Work guidelines.

Are digital certificates less secure?

Digital certificates from a trusted source, such as Prime Medic, are encrypted and include unique verification codes (QR codes), making them more resistant to forgery than paper notes. Various such files are sent either via secure email or via portals.

Is it possible to get a stress certificate without having a prior session with a psychologist?

Yes. A General Practitioner (GP) can assess stress and mental health conditions and issue a medical certificate for sick leave. Furthermore, a GP can refer the patient to a psychologist if necessary.

Policy Rules for Sensitive Medical Certificates & Privacy

Introduction

The right to privacy is more than just a courtesy in Australian workplaces; it is actually a legal requirement. Workers may have health or personal issues that require work absences, and these situations are often sensitive. It could be anything concerning mental health issues, reproductive health, or even family crises, and it is not uncommon that workers might feel extremely worried at the idea of revealing such matters to their employer.

Some workers refrain from explaining the actual reason for sickness absence because they fear being judged, stigmatised, and discriminated against. It is essential to acknowledge that Australian employment laws safeguard employees' right to sick leave without compromising their dignity. The issuance process for sensitive medical certificates strikes a balance between the extent to which employers can verify and the protection of employees' identities.

Prime Medic values the Privacy Act 1988 and the Australian Privacy Principles (APPs). Our telehealth services provide a confidential, secure way to obtain an employee's work note without exposing health information to the employer. At the same time, the employer receives only the necessary administrative confirmation.

In case you need to justify an absence while limiting unnecessary disclosure of health details, you can check our workplace privacy rules to see how we keep your details safe.

What Counts as a Sensitive Certificate Request

It is a "sensitive" request if disclosing the exact nature of the medical issue would be embarrassing or cause professional harm. These are legitimate reasons for being absent from work, but they must be handled with considerable discretion.

Typical Examples

Mental Health: Anxiety, depression, burnout, and stress-related problems still have the potential of being stigmatised, even if they are pretty common issues.
Reproductive Health: Leaving work for an IVF procedure, early pregnancy issue, miscarriage or abortion.
Chronic Illness: The employee's flare-up of the condition, which they don't want to disclose (e.g., gastrointestinal disorders and infectious diseases).
Family Trauma: If an employee is a victim of domestic violence or a severely distressed family situation, "personal illness" is the standard way to express this stressful situation, and that is why a sensitive certificate would be necessary.

It doesn't matter what the medical condition is; all these cases result in the employee being unable to perform their duties. Medicine is primarily concerned with illness, but the fact that the person can't work is what really matters. It is imperative to distinguish between these two when seeking assistance from workplace support services.

Minimal Disclosure Requirements in Australia

There is a common workplace misconception that an employer is entitled to know exactly what medical issue an employee has. This is false under the Fair Work Act 2009.

The "Reasonable Evidence" Standard

The employee must present evidence that, if a reasonable person reviews it, they would be convinced that the leave was for a reason permitted by law. A brief document stating an employee's medical condition meets this standard.

Generic Certification: A short medical certificate from a doctor stating that the employee is undergoing medical treatment or is sick will suffice.
Privacy Limitations: An employer may access only information relevant to the absence period. They can see how long a worker has been off, but not the details of a doctor's report. For example, in a workplace accident, a worker can only be told the reasonable duration of recovery, and the employer cannot compel the worker to disclose the reasons.
Data Handling: An employer is required under the Privacy Act to protect sensitive health information when an employee discloses it.

We offer privacy limitation certificates that can be used by a limited number of people within the company, thereby balancing HR requirements with the protection of your personal information from unnecessary disclosure. Learn more about your privacy rights here.

How Telehealth GPs Issue Confidential Documentation

For patients who struggle with sensitive issues, the advantage of telehealth is that it is conducted remotely. For many people, discussing sensitive matters at home rather than in a clinic is much less threatening, especially when there is a risk of running into colleagues or neighbours.

The Confidential Workflow

Secure Platform: Prime Medic employs encrypted technology for its video sessions with doctors. The patient's data is not stored in public clouds but on secure, Australian-based servers.
The Consultation: You reveal your case to an AHPRA-registered doctor who is bound by the confidentiality of the patient-doctor relationship during the clinical discussion.
The Document: Your doctor drafts a privileged telehealth certificate. The language on this certificate carefully avoids clinical details (e.g., "Unfit for duties due to medical condition"). It doesn't copy the clinical notes from the consultation's transcript.
Delivery: The certificate can be delivered directly to your secure account or inbox. It won't be sent to your employer unless you decide to share it.

Such encrypted delivery further confirms that you are the one who rules your story. You can schedule an online doctor's visit when appointments are available and access this confidential service.

When Employers Require Fit to Work Checks

Safety is an exception to the rule of privacy rights, and it is a subtle one. In any workplace, the employer has a legitimate "need to know" about a worker's capacity if the worker's medical condition endangers health or safety at work (for example, a pilot on medication that causes drowsiness). However, the employer is still not given the right to the diagnosis.

Balancing Safety and Privacy

Doctors who issue Fit to Work notes emphasise the employee's ability to perform the work rather than the nature of the problem.

What it says: "Fit for duties," "Unfit for driving," or "Fit for light duties only."
What it omits: "Because of side effects from antidepressants" or "Due to post-surgical recovery."

By simply stating the policy fit note in terms of what a person can and cannot do, the doctor provides general information about workplace safety, allowing the employer to take risk-management steps without assessing the employee's health history. We can assist you in getting this note of workplace readiness.

Confidential Support

The problem is that these sensitive health crises sometimes occur only after business hours. A worker might end up having a severe panic attack on a Sunday night or may only have a family emergency in the first hours of a day.

Discreet and Timely

Private Access: Conventional doctors' clinics are public and busy. A telehealth consultation provides a confidential, immediate medical consultation in a secure environment.
Avoiding "No Show": Obtaining certification immediately allows you to email the workplace before the shift starts, aligning with notification requirements and avoiding having to speak while being disturbed.
Discreet Support: You don't have to face anyone who will judge you for your problems. They can provide support through a timely telehealth consultation, subject to availability.

Prime Medic offers confidential consulting services for times when you need support.