Yahoo Finance Huge change allows sick Aussie workers to avoid 'pointless' $50 medical certificate: 'Free'
Many workplaces will accept either a medical certificate or a statutory declaration as proof when workers call in sick.
With the cold and flu season underway, many workers will need to provide their boss evidence if they want to take sick leave. But a recent legal change means you could now do this online for free, without forking out for an unnecessary doctor’s appointment.
Doctors have recently issued a warning that the "harsh" expectation of justifying illnesses has created an unnecessary burden on our health system. On top of that, a near-unavoidable $50 appointment fee is too much for Australians struggling with the cost of living to afford.
So, while most workers are used to getting a medical certificate as proof when calling in sick, they would be pleased to learn many workplaces also accept a statutory declaration, which you can do from the comfort of your sickbed.
A statutory declaration is a legal document that declares what you have written - that you are sick - is true.
HR expert Jonathon Woolfrey told Yahoo Finance they are a “legitimate alternative” to medical certificates in most circumstances.
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“Employers are allowed to ask for reasonable evidence and often a stat dec is a completely satisfactory way of providing that evidence if an employer asks for it,” Woolfrey said.
How can I make a statutory declaration that I am sick?
A recent change in the law means Aussies can now also make Commonwealth statutory declarations digitally through their myGov account.
That means instead of getting a Justice of the Peace (JP) to verify your identity (which paper stat decs require), you can use your digital identity.
This is free to do and can take just a few minutes to create once you are set up.
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You’ll need to have a Digital Identity connected to your myGov account that is at least standard strength.
Woolfrey said stat decs were a “very good alternative” to medical certificates, particularly in circumstances where there was a short-term absence from work, no medical intervention was required and there was a good relationship between the employer and employee.
“Doing online is fine as well. A stat dec is a process where you are legally swearing that you were sick so it doesn’t require an in-person assessment of the person,” Woolfrey said.
“It can be very useful in many situations and the easier the better because it is just the employee formally declaring what happened.”
Is it easier for employees to lie?
One risk employers may be wondering about is whether it is easier for workers to lie on online stat declarations, compared to one verified by a JP or a medical certificate issued by a doctor.
There can be serious consequences for employees who lie on a stat dec. Lying on a stat dec is a criminal offence and the penalty can be up to four years in prison.
“There is a standard that sits behind a stat dec which means it would not be something that you would take lightly in regards to lying,” Woolfrey told Yahoo Finance.
With regards to online stat decs, researchers at the Australian National University have also found that having a JP witnessing a statutory declaration did not have any bearing on its contents or substance.
Woolfrey said there are probably “bigger issues” at play if an employer is worried about staff members lying.
“When a person may be off sick on a regular basis, if there’s a pattern to it, if there are concerns about their ability to attend work, then an employer may ask for additional evidence,” he said.
“But I think in the mainstream situation where the absence is short term and the employer knows that it's difficult to see a doctor and get a benefit from that then I wouldn't worry too much about the trust elements there.”
Doctors call for sick leave rules to be scrapped
It comes as some Aussie GPs call for employers to take a more relaxed approach to medical certificate requirements, arguing that unnecessary appointments are taking up valuable time slots.
A GP from Byron Bay told Yahoo Finance around a fifth of patients he sees every day are there for work-related medical certificates.
This costs them around $50, which he doesn’t think is necessary.
"Adults with a viral illness don't need to see a GP," he explained. "They need to stay at home and get better."
Another doctor in Melbourne told Yahoo Finance he believed workers should be allowed to take three days off without needing to prove they are sick.
"Beyond 72 hours is fair enough, but for short, self-limiting illnesses it’s pointless," he said.
What are the current sick leave rules?
Australia’s National Employment Standards, which set the minimum standards across most workplaces, allow employers to ask for evidence for employees who are taking “as little as one day or less off work”.
While this sets a “very strict” national system, Woolfrey said many employers took a more flexible approach to sick leave.
“Many employers, particularly bigger employers, have an enterprise agreement and there are much more relaxed provisions in there or much more clarity about what employers expect,” he said.
Woolfrey said these enterprise agreements often had a “pretty fair balance” and enabled workers to be off work for one or two days, up to five each year, without providing any evidence for personal leave.
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