‘Didn’t sign up for this’: Fed-up doc blasts Aussie bosses over sick days

A doctor has called out Aussie employers over a sick day policy — leaving him with an issue he has to deal with two or three times a day.

A fed up doctor has hit out at Aussies bosses who require their staff to get a medical certificate for little time off work, saying he “didn’t sign up” to be a GP to provide the paperwork for employers.

Dr Max Mollenkopf, who owns a GP clinic in Newcastle, NSW, said he sees two or three patients every day who don’t need treatment but require a medical certificate for work, taking time away from those who are ill.

“If someone is sick and they want to see me, every day of the week I want them to be able to come in,” Dr Mollenkopf told the ABC.

“I didn’t sign up to do medicine to do HR policy on behalf of large corporations.”

Dr Max Mollenkopf said he two or three patients walk in every day requiring medical certificates. Picture: LinkedIn

Carys Chan, a senior lecturer in organisational behaviour and human resources at Griffith University, said asking for a medical certificate is important for employers as it can stop workers from misusing their sick leave.

“If they’re going to be paying their employee for their sick leave, some of the employers will feel the right to know that you’re really sick,” she told the ABC.

Dr Chan said missing days at work, particularly for customer facing days roles, could be “quite disruptive” to the wider team.

Under current workplace laws, employers can ask employees to provide evidence for “as little as one day or less off work”.

“An employee who doesn’t give their employer evidence when asked may not be entitled to be paid for their sick or carer’s leave,” the Fair Work Ombudsman states on their website.

Should an employee fail to provide evidence when asked, they may not be entitled to receive sick leave.

Employers can ask employees to provide evidence for “as little as one day or less off work”. Picture: Supplied

In the UK, employees do not need to provide documentation from a healthcare professional if they’ve taken seven days or less off work, under their “self-certification” system.

When the worker returns to work an employer can ask them to confirm they’ve been off sick, which could be provided in an email or via a form.

Dr Mollenkopf said the system would help save valuable time for GPs if it was implemented in Australia.

“The people who want to get their 18-month-old in who’s got an ear infection, they’re now having to go to the emergency department or find an urgent care centre or go through all these other steps because there’s an employee sitting there getting a piece of paper to keep their employer happy.”

‘Can my boss make me get a doctor’s note every time I’m off sick?’

Alison and Jillian Barrett are principals at Maurice Blackburn Lawyers. They recently responded to a news.com.au reader asking whether it is legal for a workplace to make you get a sick note every time you’re ill.

The lawyers said the Fair Work Act governs your employment rights and conditions, including sick leave policies. There is a national law (the National Employment Standards, or NES) which applies to all employees covered by the national workplace relations system. Under the NES full time employees get 10 days each year (pro-rata for part-time employees).

If you are covered by a modern award or registered agreement, then this can outline when you need to provide evidence in relation to sick leave, and what type of evidence is required.

Alternatively, your employment contract or employer’s policies will provide some direction so refer to these documents.

Employers are generally able to ask their employees to provide evidence that shows leave was taken because either: You weren’t able to work due to an injury or illness, or you needed to provide care or support to an immediate family or household member (due to their illness, injury or unexpected emergency affecting them).

An employer is able to ask for evidence for any period of time off work, even if it’s only one day.

Sometimes employers will ask you for a sick note.

If you don’t provide this evidence when you are asked to do so, you may not be entitled to be paid for your sick or carer’s leave.

That said, the type of evidence requested must be reasonable in the circumstances.

So for example, if you work in a medical environment and your employer says you are not permitted to work if you have a sore throat – even though you are otherwise not ‘sick’ – it may be unreasonable for them to expect you to attend a general practitioner to obtain a medical certificate.

Other evidence that may be acceptable is a statutory declaration, particularly if you are unable to attend a doctor.

Pharmacists are also able to provide a Certificate for Absence from Work, provided it is within their competency and professional expertise, such as minor ailments. However, they are not obligated to provide a certificate and can refer you to a doctor for that purpose. Often pharmacists will limit the certificate for one day off work.

If you believe you’re being unfairly treated, or that your boss is treating you unfavourably in more ways than just requiring a medical certificate for time off work, then this may constitute bullying. For further information and advice you can contact your union (if you’re a member), the Fair Work Ombudsman or a lawyer.

This legal information in this article is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

Originally published as ‘Didn’t sign up for this’: Fed-up doc blasts Aussie bosses over sick days