The legal and practical ‘grey zone’ of online medical certificates

The ease of obtaining a medical certificate as evidence for paid leave – often instantly, cheaply, and sometimes without even communicating with a practitioner – is presenting a challenge for employers, but change may be on the horizon, according to a law firm partner.

In an article titled “Convenience vs credibility: evidence for paid personal/ carer’s leave in a digital age”, Hall & Wilcox partner and healthcare co-lead Karl Rozenbergs and associate Laura D’Aprano questioned whether online medical certificates are satisfactory evidence for paid personal/carer’s leave as outlined in the Fair Work Act.

While the COVID-19 pandemic necessitated online and distance-friendly medical consultation, they said, this capability runs the risk of being abused by staff who may not qualify for a day’s leave otherwise, and leaves the onus on employers to decide whether it is a legitimate excuse or not.

Fellow Hall & Wilcox partner Fay Calderone added that current requirements in the National Employment Standards under the Fair Work Act 2009 (Cth) are vague and allow for subjectivity.

She said: “The key implication is that employers can’t automatically accept or reject these certificates, they need to assess whether the evidence would satisfy a reasonable person in each case.”

“In practice, that means more judgment calls and less reliance on form.”

However, the Federal Court of Australia and the Fair Work Commission (FWC) have made several decisions that may change the landscape for employers and employees.

In Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784, the FWC found a medical certificate’s authority as heavily compromised due to the employee in question obtaining it through an online questionnaire, with deputy president Bell stating the authority “goes no higher than information provided by Mr Fuller himself”.

Similarly, Fair Work Ombudsman v More Than Skin Pty Ltd (No 2) [2023] resulted in a decision that did not accept an online medical certificate as it did not specify details and did not explain why the employee was unfit.

As such, while these certificates are not considered wholly invalid, as Calderone surmised, they are no longer a gold standard; “they may carry less weight, and employers are justified in scrutinising them more closely”.

“Leaders and HR teams need to look at context patterns, and supporting information, not just the certificate itself,” Calderone said.

The key takeaways for employers, Rozenbergs and D’Aprano outlined, are to apply the Fair Work Act test as a case-by-case basis when considering employee evidence for paid leave, consider the availability of other evidence which may assist with the assessment, and importantly, ensure that any relevant workplace policies or procedures retain flexibility to apply the FW test, “including to ensure that it is not limited in the way it assesses each application for paid leave”.

Calderone said: “In a landscape where online certificates can be generated in minutes, their value is increasingly limited if they’re the only piece of evidence.”

“The better approach is to treat them as one factor that is useful, but not determinative and focus on the broader circumstances of the absence.”

She also recommended considering former patterns of absence and leave, requesting additional information when it appears to be needed, avoiding blanket bans on online certificates, and checking enterprise agreements carefully.

“Importantly, this also means documenting decisions because consistency and fairness are what will ultimately protect employers if decisions are challenged.”

The ability to rely on judgement and HR capability over documents will be a decisive skill, but creating a culture of trust and transparency will also have an impact.

“A better approach is to create an environment where employees feel safe to be honest about why they need leave, without over-formalising the process,” Calderone said.

“That means clear expectations, consistent decision making and managers who are trained to have practical, respectful and compassionate conversations about leave.”

Calderone concluded: “Trust and transparency are more effective safeguards than paperwork alone.”

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