Backdated Medical Certificates for Work

What You Need to Know – The Basics

• Issue date must be today. Doctors must not backdate the issue date to make it look like they examined you earlier.^{1 2 3}
• Earlier days can be certified. After a proper clinical assessment, a doctor may certify a prior period of incapacity and should note the basis (history + current findings).^{1 2 3}
• Evidence for work = “reasonable person” test. Under the Fair Work Act s.107, employers may request evidence (for even one day) that would satisfy a reasonable person—medical certificate or statutory declaration are typical examples.^{4 5}
• Retrospective certificates: Employers should not blanket-reject certificates that cover earlier days if the evidence would satisfy a reasonable person.⁶
• Telehealth is valid when there’s a real-time consultation (phone/video). Form-only “instant” certificates risk breaching standards.^{7 8 9}
• Pharmacist certificates cover minor conditions, are usually 1–2 days, and cannot be backdated; employers decide if they’re sufficient.^{10 5}
• Privacy matters. It’s not reasonable for an employer to attend your appointment or contact your doctor for extra clinical details without consent.⁵
• Workers’ compensation: Use the scheme’s Certificate of Capacity (e.g., Comcare, SIRA NSW), not a standard medical certificate.^{11 12}

Overview

Many workers wonder if a doctor can “backdate” a certificate when they were sick but couldn’t get an appointment on the day. In Australia, the issue date must always be the date the certificate is written. However, a clinician can certify that you were unfit on earlier dates if their assessment supports it and they explain the basis (e.g., history of fever and examination consistent with viral illness). This approach aligns with clinical and regulatory guidance and meets the Fair Work focus on evidence that would satisfy a reasonable person.

Work Evidence: What Employers Can Ask For

• Type of evidence: A medical certificate or statutory declaration are common. The law doesn’t prescribe a single format.^{5 4}
• How much detail: Evidence should show you were entitled to leave. A diagnosis is usually not required unless you consent or a form specifically demands it.⁵
• Timeframes & short absences: Employers can request evidence for any length of absence, including one day.⁵
• Privacy & contact: It’s not reasonable for an employer to attend your appointment or contact your doctor for extra information without your consent.⁵

Are “Retrospective” Certificates Acceptable?

Potentially, yes. The key is that the certificate keeps today’s issue date and clinically justifies the earlier period of incapacity. The Fair Work Commission has cautioned against blanket policies that reject such certificates; the question is whether the evidence would satisfy a reasonable person in the circumstances.⁶

Example wording (doctor):
“Examined 27 July 2025. Based on the patient’s history and my examination, I consider the patient was unfit for work from 24–26 July 2025, and remains unfit on 27 July 2025. Issue date: 27 July 2025.”

Telehealth Certificates (What’s Allowed)

• Issuing a medical certificate is a medical service requiring a real-time consult so the doctor can assess you and verify the content before signing.⁷
• Services that send certificates without a consult (questionnaire-only) risk breaching professional standards and may not be accepted by employers.^{7 8 9}

Pharmacist Certificates

• Registered pharmacists can issue Absence from Work Certificates for minor, self-limiting conditions or carer’s leave.
• Typically 1–2 days, and the date of absence must not commence before the consultation (no backdating).
• Employer decides if the evidence is sufficient under the “reasonable person” test.^{10 5}

Workers’ Compensation & Insurance

For work-related injury/illness, most schemes require a Certificate of Capacity instead of a standard medical certificate.

• Comcare (Commonwealth): Use the Certificate of Capacity; guidance is updated periodically.¹¹
• SIRA NSW: Uses a scheme-specific Certificate of Capacity detailing diagnosis, capacity and treatment; icare provides additional guidance.¹²

How to Ask Your Doctor if You Were Sick Earlier

1. Book promptly (in person or telehealth).
2. Explain your timeline: when symptoms started, peak severity, why you couldn’t attend earlier.
3. Bring corroboration: time-stamped RAT photos, pharmacy receipts, sick-leave emails to your manager.
4. Request precise wording: today’s issue date, the earlier period of incapacity, and a short basis (history + findings).
5. If earlier days can’t be justified, ask about a shorter certificate, a review, or a statutory declaration your employer may accept.⁵

FAQs

Can the issue date be changed to the first day I was sick?
No. The issue date must be the date written. Earlier days can be certified if clinically justified.^{1 2 3}

Can my employer reject any certificate that covers earlier days?
A blanket rejection is problematic. The test is whether the evidence would satisfy a reasonable person.⁶

Can my employer call my doctor for more details?
It’s not reasonable for an employer to attend your appointment or contact your doctor for extra clinical details without consent.⁵

Is a statutory declaration enough?
Often yes—if it would satisfy a reasonable person. Check your workplace policy or enterprise agreement.^{4 5}

When to Seek Help Now (000 for emergencies)

• Severe or rapidly worsening symptoms
• Breathing difficulties, chest pain, fainting
• Mental health crisis or thoughts of self-harm

Call 000 for emergencies, or attend your nearest emergency department.

Key Takeaways

• No backdating the issue date—ever; earlier days may be certified if justified by assessment and clearly worded.^{1 2 3}
• Employers may request evidence for any absence; the standard is what would satisfy a reasonable person.^{4 5}
• Telehealth certificates are fine with a real-time consult; avoid form-only services.⁷
• Pharmacist certificates are short and not backdated; acceptance is up to the employer.^{10 5}
• Work injuries: use the scheme’s Certificate of Capacity (Comcare/SIRA, etc.).^{11 12}

This page is for general information only and is not a substitute for medical advice. Policies and procedures can change—check your workplace or scheme’s latest guidance. Content current as of 25 August 2025 (AEST).

References