Many employers ask the same question: can employees use sick leave or personal leave for medical appointments in Australia?

Full-time and part-time employees receive paid personal leave under the National Employment Standards (NES). While the entitlement itself is straightforward, confusion often arises around what situations actually qualify for personal leave.

Appointments, medical certificates and evidence requirements are some of the most common areas where employers and employees get stuck. Let’s take a closer look at how the rules apply in practice.

Can Employees Use Personal Leave for Medical Appointments?

First up, one of the key areas that is misunderstood as it relates to personal leave, is whether or not it can be accessed for appointments.

We are talking about appointments such as physiotherapy, GP visits and specialist consultations. These are the kinds of appointments employees attend to manage an ongoing condition, obtain a prescription or begin investigating a health concern.

These types of appointments are not covered by personal leave.

Yes, we know. That statement may feel like the proverbial cat among the pigeons for some of you.

Personal leave applies when an employee cannot attend work because they are sick or injured. It also applies when they need to care for an immediate family member or household member who is unwell or injured.

When Personal Leave Does Not Apply

For example:

• If an employee has bronchitis and cannot attend work, personal leave applies.
• If an employee feels fine but needs to attend a doctor's appointment during the day, personal leave generally does not apply.

By all means, employees can

• access annual leave
• utilise accrued time in lieu
• take leave without pay
• make up the time later

Ultimately, personal leave entitlements are not for regular appointments. 

We all know how difficult it can be to secure GP or specialist appointments. Some clinics seem to only operate on Wednesday when the moon is in retrograde and the stars align just right.

Allowing some flexibility and enabling your employee to access the medical support they need can go along way. It can also build loyalty and support a positive workplace culture. But let’s be clear, you are under no obligation to allow your employee to access their personal leave for appointments that aren’t related to a situation that is preventing them from working on that day.

Medical Certificates

Employers have the right to request evidence when an employee takes personal leave. A medical certificate is the most common form of evidence.

The last few years, there are a the growing number of online services or places that provide telehealth only appointments. They offer medical certificates that are faster and cheaper than heading to the doctor.

We’ve been asked about these quite a bit lately. The main question is whether or not employers have to accept these online medical certificates.

There are some very specific laws around the validity of a medical certificate. They are they are only valid IF they meet all of the criteria and guidelines set by the Medical Board of Australia and the Royal Australian College of General Practitioners (RACGP).

Are Online Medical Certificates Valid?

Australian law sets clear standards for medical certificates.

For a certificate to be considered valid:

• the doctor must be registered to practise medicine in Australia
• the doctor must be registered with the Australian Health Practitioner Regulation Agency (AHPRA)
• the consultation must meet professional telehealth standards
• the doctor must take a proper medical history and conduct an appropriate assessment

There is another important requirement to keep in mind. In most situations, a doctor can only provide telehealth services if they already have an established clinical relationship with the patient.

In practical terms, this means employees generally should not obtain medical certificates from an online provider they have never previously consulted.

However, some online services still issue certificates without meeting these standards. When this occurs, employers may reasonably question whether the evidence is valid.

If a medical certificate does not meet the required standards, employers are not obliged to accept it as evidence for personal leave.

There may also be additional requirements under individual state and territory laws. The points above are the most relevant for this discussion.

Setting Clear Personal Leave Policies

Given the growing number of online and telehealth services offering certificates without proper consultation, employers should take a cautious approach.

We recommend clearly outlining what constitutes an acceptable medical certificate within your personal leave policy so employees understand the requirements.

Due to the increasing use of these services, it is also a good idea to review and update your personal leave policy as a priority.

Statutory Declarations as Evidence

Employees can also provide a statutory declaration instead of a medical certificate.

A statutory declaration is a legal document. When properly completed and signed, it usually satisfies the Fair Work requirement that evidence must convince a reasonable person the employee was entitled to take leave.

For this reason, employers must generally accept a valid statutory declaration as evidence for personal leave. 

Why Clear Personal Leave Policies Matter

To some, it may seem harsh that personal leave policies need to be almost prescriptive as to what type of medical certificates will be acceptable. We are in no way suggesting that everyone using the online sites is trying to scam a sickie. We know they may provide a cost and time effective solution to expensive and hard to access GPs.

However, this is about establishing legitimate and fair ground rules for all employees.  It is also about protecting your business from the very real financial burden that can occur when personal leave is abused. Attendance patterns can also be linked to broader workplace issues such as disengagement or burnout. If you're noticing frequent absenteeism in your workplace, our article on employee disengagement explores the warning signs employers should look for.

One of our clients recently tested an online medical certificate provider. They entered their name, paid a small fee and received a certificate within two minutes. There were no questions, no consultation and no interaction with a doctor. The certificate simply appeared.

Situations like this highlight why employers should set clear expectations about acceptable evidence for personal leave.

The key point is that all employees have a right to personal leave when they are sick, injured or need to care for someone. They should feel comfortable taking the time they need to recover and return to work well.

Need Help Reviewing Your Personal Leave Policy?

Employees should feel comfortable accessing personal leave when they are genuinely unwell or caring for someone who needs support.

At the same time, employers must ensure their policies protect the business and apply consistently to everyone.

This is where having the right HR support in your corner makes all the difference.

If you need help reviewing your personal leave policy, updating evidence requirements or drafting new workplace policies, the HR Staff n’ Stuff team is always here to help.

Frequently Asked Questions About Personal Leave

Can employees take sick leave or personal leave for a doctor's appointment?

In most cases, employees cannot use personal leave for routine medical appointments if they are otherwise fit for work. Personal leave applies when an employee is unable to attend work because they are sick or injured. If an employee simply needs to attend an appointment during work hours, they may instead use annual leave, time in lieu, make up the time later or take unpaid leave.

Do employers have to accept online medical certificates?

Not always. Medical certificates must meet the standards set by the Medical Board of Australia and the Australian Health Practitioner Regulation Agency (AHPRA). The consultation should involve a proper clinical assessment and real-time communication, such as a phone or video appointment. If the certificate does not meet these requirements, employers may question whether it provides valid evidence for personal leave.

Can a statutory declaration replace a medical certificate?

Yes. Employees can provide a statutory declaration as evidence for personal leave. Employers will usually accept a statutory declaration as valid evidence for personal leave.

When can an employer ask for a medical certificate?

Employers can request evidence whenever an employee takes personal leave if it would satisfy a reasonable person that the leave is legitimate. Many businesses include these requirements in their personal leave policies so employees know when to provide evidence.