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Doctors backdating medical certificates

Please note it is now the responsibility of both the in patient and outpatient departments to issue the certificate.A sick certificate can be back-dated so that you do not need to be seen urgently or on the day that your sick certificate expires.

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Holly’s workplace policies state that sick leave is recorded and deducted in half days; if Holly came to work at lunch time on the Wednesday (and only took a half day’s sick leave) as she was feeling much better, she would have been sick for less than three days, therefore her employer would have to cover the cost of any medical certificate they asked for.The Commissioner urged a case by case approach to considering whether any kind of medical certificate would reasonably support an absence, rather than a blanket rejection of all backdated certificates.Workplace OHS experts regularly answer your questions on OHS issues that you face day-to-day in the workplace.However, if an employer has good reason to believe that an employee is impaired (unwell or harmed) for any reason (whether from exposure to workplace hazards or other causes) then an employer may suspend an employee, subject to the usual legal requirements.An employer may request proof that an employee is sick once they have been sick for three or more consecutive days.Usually proof is a medical certificate from a doctor saying that the employee is sick or injured (or their spouse, partner or dependant) and isn't able to work.

An employer can’t tell an employee which doctor or practice they have to go to.

However, what is the situation if a medical certificate is dated a number of days after the initial day of an employee’s absence from work?

While a medical certificate is generally considered to be irrefutable proof of an employee’s illness or injury which justifies being absent from work, can an employer challenge the validity of a back-dated medical certificate?

If you are employed you will need a form SC2 which is available from your employer or If you have been in hospital a sickness certificate should have been issued by the hospital (please make sure that you ask for a sickness certificate whilst you are in hospital).

If for any reason this has not been the case please contact the relevant doctor or department who has recommended your absence.

However the Agreement specifically provided that The Employer took the approach that ‘backdated medical certificates’ were those certificates which certified that an employee was sick before the employee was examined by a doctor.