Doctors backdating medical certificates

The information in this column is intended as a guide only.

Liability limited by a scheme approved under professional standards legislation.

However, it should also be noted that the employer does not have to require an employee to provide documentation.

Nonetheless, to avoid any potential dispute between the employer and the employee it makes it a lot easier and straight forward if documented evidence is provided to the employer by the employee in support of personal, carer or compassionate leave.

There are some key considerations to be kept in mind and understood by employees and employers in relation to the use and provision of medical certificates and employee entitlements relating to their use.

Not an entitlement without a certificate Many employees believe that their use of accrued personal and carer's leave entitlements is a right that can be taken at any time during the course of their employment.

The NES sets out 10 minimum requirements and they are as follows: 1. Without a certificate, the employee is not entitled to personal leave or compassionate leave.

All 10 points cover full time employees and their employment.

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This applies to whether the leave is paid or unpaid.

This is in order to support any payment by the employer to the employee relating to these employee entitlements.

As set out within the NES, the employee is not entitled to payment for personal, carer or compassionate leave unless he or she complies with the request by the employer to show evidence in support of the claim.

However, the adoption of a unilateral rejection of retrospective medical certificates represents something of a dangerous intrusion by the employer into an area which, with respect, it has little expertise." Aitken Legal recommends employers seek legal advice before rejecting a backdated medical certificate and/or taking action against an employee as a result.

Lisa Aitken is an accredited specialist in workplace relations law and the principal of Aitken Legal, a law firm specialising in employment law for employers.

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