Can I Get A Backdated Medical Certificate?

Posted 26th July 25

When you're sick, getting a medical certificate for time off work or study is often essential. But what happens when you're unable to see a doctor on the day you fell ill? Can you get a medical certificate backdated? The short answer is yes, but only under specific circumstances.

Key points (TL;DR)

Doctors must never change the issue date. Certificates must be dated the day they're written. Doctors can certify that illness began earlier if clinically justified and explained.¹²³
Fair Work: employers can ask for evidence for as little as one day. Evidence must satisfy a reasonable person — a medical certificate or a statutory declaration are both acceptable examples.⁴⁵
Retrospective (history-based) certificates aren't automatically invalid. The Fair Work Commission has cautioned against blanket rejections. Each case turns on the "reasonable person" test.⁶
Telehealth is fine when it's a real‑time consultation. Questionnaire‑only or instant certificates without a real‑time consult risk breaching professional standards.⁷⁸⁹
Pharmacists can issue Certificates for Absence from Work for minor conditions, typically short durations (often 1–2 days), and must not commence leave on a date before the consultation (i.e., no backdating). Employers decide whether it's sufficient.¹⁰¹¹
Workers' compensation is different. Schemes prefer a Certificate of Capacity that describes diagnosis and work capacity. Check your scheme's rules.¹²¹³¹⁴

Why this matters

Medical certificates are often needed for paid sick or carer's leave, university extensions, or insurance and workers' compensation claims. Problems arise when you were unwell before you could see a clinician — for example over a weekend or when symptoms settle quickly. This guide explains what's allowed, how to ask, and the alternatives if your doctor can't certify earlier days. It draws on guidance from the RACGP, AMA, the Medical Council of NSW, the Medical Board of Australia/Ahpra, and Fair Work.¹²³⁴⁷

Can a doctor backdate a medical certificate?

1) The issue date (must be today)

Australian guidance is unequivocal: the issue date must be the date the certificate is written. Doctors must not backdate the issue date to make it look like they examined you earlier.¹²³

2) The period of illness/incapacity (can cover earlier days)

A doctor may certify earlier days if, after a proper clinical assessment, they believe you were unfit during that period. The certificate should explain the basis (e.g., "Based on history of fever from 24 July and examination on 27 July consistent with viral illness…").¹²³

What doctors consider before certifying earlier days

History and examination that justify the opinion.
Short, self‑limited illnesses with no current signs require particular caution.
Clear wording that distinguishes history from observed findings.
Honesty — false or misleading certificates can lead to disciplinary, civil or criminal consequences.
¹²³

Fair Work Act: what evidence does your employer need?

Under s.107 of the Fair Work Act 2009 (Cth), an employer can require evidence that would satisfy a reasonable person that you were entitled to the leave. The law doesn't mandate a specific format — medical certificates and statutory declarations are both acceptable examples. Employers can ask for evidence for as little as one day. It's not reasonable for an employer to attend your appointment or contact your doctor for extra clinical details.⁴⁵

Are "retrospective" certificates acceptable?

Yes, potentially. The Fair Work Commission has warned against a blanket policy rejecting certificates that certify a prior period of illness. The question is whether the evidence would satisfy a reasonable person in the circumstances.⁶

Telehealth certificates

Issuing a medical certificate is a medical service that requires a real‑time doctor–patient consultation (in person or via telehealth). Services that send certificates without a consult (e.g., questionnaires only) risk breaching professional standards. The Code of Conduct requires doctors to be honest, accurate and to verify content before signing.⁷⁸⁹

Pharmacist certificates

Registered pharmacists can issue a Certificate for Absence from Work for minor, self‑limiting conditions or carer's leave, within their scope. Key limits:

Typically short periods (often 1–2 days).
The date of absence must not start before the consultation date — effectively, no backdating.
The employer decides whether the evidence is sufficient under the reasonable person standard.
¹⁰¹¹⁴

Workers' compensation and insurance

For work‑related injuries/illness, most schemes prefer a Certificate of Capacity rather than a standard medical certificate. For example, Comcare specifies a Certificate of Capacity, and SIRA (NSW) uses a scheme‑specific form to record diagnosis, capacity and treatment. Check your scheme's required form and timeframes.¹²¹³¹⁴

How to ask for a certificate if you were sick earlier

If you couldn't see a doctor on the day you were unwell, ask for a certificate that:

Shows today's issue date.
States the earlier period you were unfit, if your doctor's assessment supports it.
Explains the basis (history + current findings).
Protects privacy — a diagnosis is usually not required unless you consent or a form demands it.
¹²³

If your doctor can't justify the earlier period, ask about:

A shorter period with a follow‑up review; or
A statutory declaration if your workplace accepts it.⁴

Sample wording your doctor may use

Examined 27 July 2025. Based on the patient's history and my examination, I consider the patient was unfit for work from 24 July 2025 to 26 July 2025, and remains unfit on 27 July 2025. Issue date: 27 July 2025.

This format keeps the true issue date and documents the clinically justified earlier period, consistent with RACGP/AMA/MCNSW guidance.¹²³

Quick comparison

Issuer	Typical use	Can certify earlier days?	Backdate issue date?	Notes
Doctor (medical practitioner)	Work/study absence; carer's leave; most official purposes	Yes, if clinically justified and explained.	No.	Follow RACGP/AMA/MCNSW/MBA guidance; document findings.¹²³⁷
Pharmacist	Short leave for minor conditions or carer's leave	Very short periods only (often 1–2 days).	No.	Leave must not start before consult date; employer decides sufficiency.¹⁰¹¹⁴
Statutory declaration	Alternative evidence if a cert isn't available	N/A	N/A	Accepted under Fair Work if it would satisfy a reasonable person.⁴⁵
Workers' compensation	Work injury/illness claims	Scheme rules apply.	No.	Use Certificate of Capacity (Comcare/SIRA etc.).¹²¹³¹⁴

Practical steps for patients

Book promptly — in person or telehealth (real‑time). Explain when symptoms began and why you couldn't attend earlier.⁷⁸
Bring corroboration — RAT photos with timestamps, pharmacy receipts, messages to your manager, or other proof can help your doctor justify earlier days. (Good practice under the Code's "verify content before signing".)⁸
Request accurate wording — today's issue date, a clear period of incapacity, and a short note on the basis for certifying earlier days.¹²³
If earlier days can't be certified — ask about a shorter certificate, review, or a statutory declaration.⁴
Minor ailments/short leave — consider a pharmacist certificate, noting scope, short duration, and no backdating.¹⁰¹¹
Workers' comp — ask for the scheme's Certificate of Capacity.¹²¹³¹⁴

FAQs

Is a statutory declaration enough?

Often yes. Fair Work accepts statutory declarations as an example of evidence; what matters is whether it would satisfy a reasonable person. Some workplaces or unis insist on a medical certificate — check the policy.⁴⁵

My employer says the certificate must be dated the first day I was sick.

That's not how certificates work. The issue date must be the actual date written, but the certificate can cover earlier days if clinically justified. Point them to RACGP/AMA/MCNSW guidance and the Fair Work "reasonable person" test.¹²³⁴⁵

RACGP — Sickness certificates: To write or not to write. Australian Family Physician 32(4), 2003. "Under no circumstances should a certificate be backdated … must include the date it was actually written." https://www.racgp.org.au/getattachment/ec395f3b-3d69-4023-bb41-41186f7303d8/attachment.aspx ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶ ↩⁷ ↩⁸ ↩⁹ ↩¹⁰ ↩¹¹
AMA — Guidelines on Medical Certificates (2011, revised 2016) — Section 6: "Certificates must be dated on the day … Under no circumstances should certificates be backdated … There may be circumstances where the doctor will certify that a period of illness occurred prior to the date of examination." https://www.ama.com.au/sites/default/files/documents/AMA_Guidelines_on_Medical_Certificates_2011._Revised_2016_0.pdf ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶ ↩⁷ ↩⁸ ↩⁹ ↩¹⁰ ↩¹¹ ↩¹²
Medical Council of NSW — Medical certificate guidelines (11 July 2018): "Must state the date it was written; must not be backdated; may cover a medically justifiable earlier period." https://www.medicalcouncil.nsw.gov.au/new-medical-certificate-guidelines ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶ ↩⁷ ↩⁸ ↩⁹ ↩¹⁰ ↩¹¹
Fair Work Ombudsman — Notice and medical certificates: evidence can be required for as little as one day; medical certificates or statutory declarations are acceptable; evidence must convince a reasonable person; not reasonable for employers to attend appointments or contact the doctor for more information. https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid-sick-and-carers-leave/notice-and-medical-certificates ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶ ↩⁷ ↩⁸ ↩⁹ ↩¹⁰ ↩¹¹
Fair Work Act 2009 (Cth) s.107 — evidence must satisfy a reasonable person. https://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s107.html ↩ ↩² ↩³ ↩⁴ ↩⁵
Fair Work Commission — Approach to retrospective certificates (e.g., MUA v DP World Sydney Ltd): unilateral rejection of retrospective certificates is problematic; assess whether it would satisfy a reasonable person. See summary: Aitken Legal (2014); also HopgoodGanim (2023). https://www.aitkenlegal.com.au/fwc-gives-guidance-on-employees-providing-backdated-medical-certificates/ ; https://www.hopgoodganim.com.au/news-insights/sick-leave/ ↩ ↩²
Medical Board of Australia (Ahpra) — Newsletter, July 2024: "Writing a medical certificate is a medical service. It requires a real‑time doctor–patient consultation … 'online medical certificates' without a consultation may breach professional standards." https://www.medicalboard.gov.au/News/Newsletters/July-2024.aspx ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶
Medical Board of Australia — Good medical practice: Code of conduct — be honest, not misleading; verify content before signing reports/certificates. https://www.medicalboard.gov.au/Codes-Guidelines-Policies/Code-of-conduct.aspx ↩ ↩² ↩³ ↩⁴ ↩⁵
Insight+ (MJA) & Medical Republic — reports on Ahpra warning about "instant" certificates without real‑time consults. https://insightplus.mja.com.au/2024/31/instant-medical-certificates-long-term-consequences/ ; https://www.medicalrepublic.com.au/regulator-wags-finger-at-online-medical-certificates/109013 ↩ ↩² ↩³
PSA & Pharmacy Guild — Absence from Work Certificates: Guidelines for Pharmacists (2018). Short durations (often 1–2 days). "The date of absence must not commence on a date other than the date the pharmacist had a consultation." Backdated, false or negligent certificates attract professional risk. https://my.psa.org.au/servlet/fileField?entityId=ka10o000000QN7NAAW&field=PDF_File_Member_Content__Body__s ↩ ↩² ↩³ ↩⁴
PSA — Updated guidelines released on Absence from Work Certificates (2018). https://www.psa.org.au/updated-guidelines-released-on-absence-from-work-certificates/ ↩ ↩² ↩³ ↩⁴
Comcare — Certificate of capacity (preferred certificate) — updated 28 May 2024. https://www.comcare.gov.au/claims/assessing-claims/certificate-of-capacity ↩ ↩² ↩³ ↩⁴
Comcare — Medical evidence (updated July 2025): certificate of capacity, medical certificate or medical report required to determine claims. https://www.comcare.gov.au/claims/assessing-claims/medical-evidence ↩ ↩² ↩³ ↩⁴
SIRA NSW — Certificates of Capacity for workplace injuries (updated 19 Dec 2024); plus icare summary. https://www.sira.nsw.gov.au/health-providers/certificates-of-capacity-for-workplace-injuries ; https://www.icare.nsw.gov.au/practitioners-and-providers/gps-and-treating-doctors/certificate-of-capacity/ ↩ ↩² ↩³ ↩⁴