Large Australian Employer (10,000+ Employees) Won't Accept Digital Medical Certs from Today Onwards

So, my nephew works for a large Aussie company which has stores all over Australia and has over 10K employees. Today he was given a letter that had both the company and the union, who represents the staff in this company, logo on it. The letter was not personalised but clearly sent to every employee via their store management it reads as follows:

Dear Employee,

We are writing to advise you of a change to how we will handle sick leave and medical certificates from today.

A growing number of stores have expressed concern at the increased preveleance of digital medical certificates from online servcies such as updoc and qoctor among others. These servcies do not require you to attend a consulattion and simply charge you to provide a medical certificate.

Blah Blah (stay home when sick…. other people dont want to get sick)

So due to the above reasons, effective from today all medical certificates must be hand signed by a doctor, this would always be the case when you attend an appointment at a doctors surgery. Online and digital medical certificates will not be accepted as support for your sick leave claim.

blah blah (union is on board blah blah)

Signed Management

Interested to hear some opinions on whether this is the way most companies might be headed or just interested to get some opinions on what the OzBargain community thinks of the situation.

Comments

    • Fair Work, supports the employer, not employee.

      • +4

        Not really, the amount of work an employer needs to put in to fairly dismiss someone without a successful challenge from fair work is significant

        • agree with @buckster here. The amount of evidence an employer needs to provide to fair work to prove correct dismissal of employment is crazy compared to an employee lodging an unfair dismissal claim. Most of the time, Fair Work will push for conciliation anyway.

        • Successful challenge means nothing though. Fairwork can award 3 months pay in compensation. If the employer has terminated someone they are happy to pay 3 months to get rid of the person. And if the person is not in a union they will lose most of it in representation. I've come across employees that just use this process to exit people.

        • -1

          That was not the case with C19 unlawful terminations. Fairwork supported the employer/government partnership.

    • +23

      Cool essay

      I especially like the first para where you changed your mind three times in three sentences, and the last sentence where you undermine your own "conclusion"

      as it's a paid service

      Unless you have a bulk billing GP, you very stable genius who's very clearly thought this through, you

      • -1

        lots of GP's bulk bill…

        • +7

          And lots don’t.

        • +4

          lots of GP's bulk bill…

          Lol, not any more

        • It's been 6 years since I had a GP that would bill bill, and for 2 years before that I only got bulk billed because we had the low income HCC.

          • @rosco385: Where do you guys live and how far away is the closest bulk billing gp? Is it a matter of preference that you like the non bulk billing gp better?

            • @StalkingIbis: I haven't been able to find any bulk billing GPs near me. They will bulk bill under 16s, and anyone with a HCC, but everyone else has to pay upfront.

              There may be a GP around that does bulk bill, but they don't advertise it and they won't be close as I've called every GP within a reasonable distance from home.

              • @rosco385: I've never been to a Dr that doesn't bulk bill.Never waited more than a week for an appt.

                Lived in Logan, Sunshine Coast and various NSW.

                Where are all you guys living?

    • +3

      I don't agree but I respect your opinion and ability to show why you have your opinion and information behind. Can I ask, do you believe paid personal leave is an earnt entitlement there for the employee to use as required in a reasonable manner?

    • +3

      Why would it be in the employee's interest to reject it? I'd embrace that policy.
      Most of the times, sick leave is primarily to protect the coworkers from the sick person. Since the company wishes to get rid of that protection, it becomes commendable for the sick person to go to work and give everyone a share of their airborne gift.

    • id want to ensure that my employee has been assessed by an in-person GP to ensure that their claims are true and correct

      God I hope I never work with someone like you. You clearly have no trust for people and would be that type of micromanager that installs a screen time monitoring app on work computers.

      At the end of the day you have the choice whether to accept their decision or reject it and subsequently resign

      Ah yes, just go down to the job tree and get a new job that falls off the tree every day. People have mortgages and families and can't just up and leave like you have suggested in your magical world.

      I have no doubt

      You seem very confident for someone that knows nothing about the employer beyond a single OZB post.

  • +39

    Ah, as a long time ozbargainer, there's a way to save money here now with malicious compliance. Go into the office/store and start coughing. Major props if you can vomit.

    If they get upset, say that the GP was not taking in new patients and that based on policy, you can't get digital certificates without risk of losing job.

    Save on the medical certificate costs and time waiting (as well getting more sick from other patients waiting). In addition, you can literally call up the manager in future to say you're sick and the manager will rather put you on sick leave than want you to show up.

    This policy change means savings++

    • +6

      I admit I used to do this when I was a lot younger and couldn't afford to see the doctor. Rock to up to work sick and make it obvious as possible. Get sent home and no certificate necessary.

      • +4

        When they guilt trip you for not showing up, or act like they don't believe you and ask personal questions, this is sometimes the best way.

    • In addition, you can literally call up the manager in future to say you're sick and the manager will rather put you on sick leave than want you to show up.

      Even better, get it in writing. Especially if refused.

  • +19

    Another control-freak employer……
    - Quite often it takes a few days before someone can see a GP and they don't back-date.
    - GPs are way too busy already.
    - Don't most people get 10 sickies a year? Just use them without bothering a busy GP.
    - Do we really need an "assessment" for being one or two days of the hook?

    I've always refused to hand in a certificate for less than 3 days. Work is not a primary school where you need a note from your mom.

    • +1

      You can get certificates from from Pharmacists so…..

      • +3

        Yeah, I know, you can get them from everywhere, even online. But you still have to pay for them in most cases.
        Furthermore, not many people know about that so they line up at their GP.

          • +4

            @FlyingMiffy: Dear @FlyingMiffy,

            Why, as an adult, do I need to provide evidence? Especially since I clearly mentioned "evidence" for less than 3 days is nonsense.
            And yes, sick is an opinion. I can feel shit, the doc will say "go to work". But, if I (in my opinion) can't function at work, I call in sick.
            My employer pays my sick leave, but that doesn't entitle them to know what's going on or not to trust me by demanding a certificate. Again, especially when it's less than 3 days.

            So sure, take your 10 each year

            Where did I mention taking all 10 sickies a year without reason? I said, "take them without a certificate when you need them".

            If you are sick go see a doc, otherwise get off the high horse and just acknowledge that you simply CBF to work some days.

            Nothing to do with high horse. I feel shit (in my opinion) and the doc's next availability is in 6 days. Hence, again, why a certificate if I go back to work in 2 or 3 days? Is that to make (HR) pencil pushers like you happy? I never mentioned CBF to go to work, just 1, 2 or 3 days sick with no access to a GP and no need to justify everything to an employer because he "pays" my sick leave. Even if I'm "CBF" to work, that's still MY choice and it will cost me a sick day. No issue for the employer as they should have calculated that in and it's none of their business if/why/when I'm not at work.

          • +1

            @FlyingMiffy: All it will take is employees turning up to work sick before these useless middle managers walk back their decision.

            • @smartazz104: Id say it'd have to be worse than covid now tho for them to walk it back.
              They all looked at the budgets and salary and wages during covid and decided to eind it back and squeeze everyone that little bit more.

      • Do any bulk bill? I've not seen any. Feels ridiculous to pay for a signature when you don't actually need advice.

  • +23

    https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid… says that:

    "Medical certificates or statutory declarations are examples of acceptable forms of evidence. While there are no strict rules on what type of evidence needs to be given, the evidence has to convince a reasonable person that the employee was genuinely entitled to the sick or carer’s leave."

    • +23

      I'd say they are in breach of this clause as well. Not sure why the union is on board with it, perhaps it's the SDA union.

      • +12

        Almost certainly. The SDA union didn't get that rep for nothing

      • +7

        SDA was my first thought too

      • +1

        How does simply buying a doctor's certificate online convince anyone that you were actually entitled to sick leave?

        I don't really see the point of medical certificates and have never needed to provide one because you know I'm and adult that works with adults but I don't see how this convinces anyone you were actually sick.

  • +3

    Wow, sounds like a terrible employer. My work allows a day without a certificate, if it's two days or longer then they semi expect a certificate (any type, online or written) but I find in most cases they aren't really bothered by it.

    • +7

      Yeah i have since found out that my nephew's work does not require a certificate at all if its a single day

      • +1

        For me. Single day only requires cert if falls before or after a public holiday or rostered day off. Not strictly enforced to my knowledge tho. Honestly this isn't a good sign if you want an employee to be providing more or better. I'd put yourself in a position where you have options, if not already ofcourse).

        • Single day only requires cert if falls before or after a public holiday

          How do you manage to obtain an appointment in that case?
          Being sick prior to a Friday public holiday means you are unlikely to see a doctor before the following Tuesday/Wednesday possibly.
          Almost a week between illness and doctor's appointment? How is that of any help to you?
          Just demonstrates a total lack of trust by the managers of the business.

  • +5

    There is a business opportunity here for state governments and their hospitals, to make a fortune by offering medical certificates for a fee at hospital Emergency facilities. They're open 24 hours a days 7 days a week. They deal with people as they turn up, so there's not the problem you have with GPs that you have to make an appointment and you've probably long since recovered, and needed to take another day off, before you get to see them. You have to go to the triage nurse anyway, so he/she could assess you and decide whether you need hospital help or to just go home, take something, and get over it.

  • +7

    Just wait til they get their first fairwork claim.

    They will be pretty quick to retract this.

    Edit:

    This sounds like something 7-11 would do.

  • +3

    My GP practice will ONLY do a teleconsult if you have an illness with covid-like symptoms. So what are people supposed to do in that case? Visit someone other than their GP due to this policy?

    Frankly I think this policy would struggle at FWA if someone was dismissed as a result. If their issue is unethical doctors issuing fake medical certs, then lobby the government/health department/industry body to ensure fake certs are stamped out. I mean they don't get to decide what is a "real" medical cert.

    • Yeah, its pretty unethical to offer a pay for cert service fully aware that the person seeing them is interested in the sickie evidence… not the actual medical treatment.

      • +4

        Frequently the point of a medical cert is simply to provide absence from work - there is no treatment other than rest. Sure people occasionally lie, but they have a limited number of sick days per year anyway.

        I'm one of those people that rarely is off sick. I have staff who have zero leave balance. They literally take a sick day as soon as they accrue. Do I think they are bullshit? Yes I do.

        • Noone with any brains maxes out their sick leave as soon as it accrues - odds are they will actually need some later in the year. If you have staff who do that then you should sack them on the grounds of stupidity, not malingering.

          If someone is faking sickness they are far more likely to do it to use up unused balances just before another lot accrues.

      • Why is it unethical just because the person needs proof? Eg, i have a known illness, i have a doc app to get a cert that my workplace requires as I'm not well enough or in a position to work properly or drive. Is it wrong for a doctor to not need to give me advice or new meds but provide the proof?

        • I think the suggestion is that some providers will give you a cert if you pay the fee. There is no actual medical consultation. You pay the fee, they give you a cert whether you are sick or not.

  • +1

    clearly this step was taken due to existing employees taking the piss. why not be pissed that your colleagues are duping the system, pulling sickies on Monday's and Friday's, seeking paid days off while you and those remaining are working their guts off.

    the fact it had the union involved demonstrates they've consulted with them and they agree this is an appropriate course of action. be pissed at those rorting the system, not the employer.

    • +4

      How is that fair to those who are honest?

      Do you punish the whole group of children when a single cookie goes missing?

      • This is why we can't have nice things

      • +2

        Welcome to life, unfortunately. Most rules, regulations and laws are there because a greedy few ruin it for everyone.

        Then the really rich or greedy can afford a way around it.

        The rest of us slum it out in the middle.

        I.e. taxation, road laws, legal battles

        • +1

          Pity people before the corporates.

    • The "Union" is almost certainly SDA - who are not a union intended to help the employees, they are there to keep them under control and stop a real union from forming.

  • +9

    Retail, especially the larger corporations hate their employees and have the union (SDA) in their back pocket. They're operating on such a shoe string budget to try and undercut their competition that they can't afford to have their workforce be away because they need to get casuals in who sometimes aren't as efficient but also cost more in the long term.

    • "Retail, especially the larger corporations hate their employees and have the union (SDA) in their back pocket. They're operating on such a shoe string budget to try and undercut their competition that they can't afford to have their workforce be away because they need to get casuals in who sometimes aren't as efficient but also cost more in the long term"

      SDA is in Coles and Woolworths back pocket.Very untrustworthy and to chummy.

      These services are good to use as they are quicker than the covential doctor.

      • Woolworths and Coles aren't on shoestring budgets. The manufacturers fund majority of specials, they spend a lot on advertising and have prime positions to squeeze most little guys out and go into everything from grocery, fuel, alcohol, pubs, discount retail, now pets and marketplace and fin services.

        They are way too cosy with SDA and 'donate' to major political parties for self interest.

        • +1

          They've got the money but budget very little to staffing in their stores, taking into consideration how long tasks should take without factoring things like customer service (like the rate they fill the shelves or scan the products) which means stressed out workers and shabby looking stores.

          • +2

            @juzza87: They have a formula.
            Keep the gondola ends packed, fruit fresh have heaps of pickers around to do click and collect. Replenishment happens in the middle of the day now.

            Everyday low prices on stuff that people remember but steep increases on other popular basket items.

            SDA is in Tony Burke and Sally McManus ear but they haven't delivered since getting office. I wouldn't want to be working in retail after say 21. It's unlivable.

            • +1

              @mousie: Replenishment during the day is in direct response to Aldi who came in and severely under cut them in a number of ways but a big one was not paying overnight rates.

  • +1

    Which union?

  • +2

    You can do a telehealth consultation with a GP without leaving your bed and they will provide you with a valid signed medical certificate. You can also get a medical certificate by visiting most chemists.

    They are just stopping scammers using scam sites that just send you an instant medical certificate once you put in your credit card details with no consultation involved.

    • +1

      My regular GP has started charging for consults and it's costly for me to see them just for medical certificates, especially if it's something small like headaches, stomachaches etc, much cheaper to get one from an online site. Not to mention I'd be freeing the appointment up for someone else who truly needs medical attentions.

      • -3

        If it was something small like headaches, you probably could have gone to work. 8 straight hours of headaches on the other hand, probably needed some proper medical attention. You've just given the best example of why the company decided not to accept them anymore.

        • -1

          I had a weather-related headache on the weekend - while I definitely was in no form to work (my work requires me to do a lot of deep thinking), it's something minor enough that I could just rest for half a day or a day to work. Maybe you work in an industry that would allow for subpar work ethics but it's definitely not something my team would accept.

  • -1

    Sounds fair. Look at the Qoctor site, bills its top of the list services as "certificates". Real medical clinics dont communicate that way, the certificate is a consequence of a medical assessment… not the main reason for seeing a doctor.

    • Healthengine always ask WHAT your appointment is, with certs being 1 of MANY options.

    • +2

      But the thing is that most people don’t need to see a doctor for every common illness. If I get a cold, I’m not seeing a doctor because I’ve forgotten what ‘rest and fluids’ are, it’s because my work has mandated a drs cert. So it IS the main reason a lot people see a doctor and it’s a massive waste of healthcare resources.

      Calling a spade a spade, the mandate in the OP serves to make taking a sick day harder than just going into work sick.

  • +13

    I'd call it illegal. If they are a registered Australian doctor (and verifiable) then they should satisfy the "reasonable person" test in the Fair Work Act.

    The employer isn't entitled to make their own rules.

    http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/conso…

    • +7

      Exactly. Interesting to hear how the employer intends to argue it at the tribunal or in court.
      "The doctors digitally signing certificates are dodgy"
      "Why are they dodgy?"
      "They haven't see the patient, your honour"
      "In which Act is it stated that a medical certificate cannot be dispensed by telehealth?"
      …..silence.

      • I expect a screenshot of the landing page for one of the sites mentioned will help their argument.
        "Need A Medical Certificate ASAP? Submit Your Request Through Updoc & Let Us Get It To You. Updoc - Australia's Top Trusted Health Platform. Medical Certificates & Referrals Online. Hassle-Free Process. Registered Aussie Doctors. Available 24/7".
        'The easiest way to get a Medical Certificate'
        You gotta scroll down a bit before they mention anything about health management.
        https://www.updoc.com.au/

        Based on the company in questions response, I'd say these sites have spoil the convenience of telehealth for the legit people.

        • +1

          That’s just marketting. It’s not pertinent to the legitimacy of service provided. You have a Telehealth consult by a registered provider, and you have a certificate issued in their name.

          Don’t get me wrong, yes, the services look fairly dodgy to me. But I can’t think what legal leg an employer has to make that determination OTHER than if they successfully convicted the provider of fraud. Unless they provided evidence that the Telehealth consult was a sham, they are making an accusation about a private consult they’re not even involved in.

          A court would throw that out. Or ask for evidence. And the consult is private so.. they won’t have evidence.

          • @haemolysis: I think an employer would be comfortable arguing a site marketed that way was not conducive to a 'reasonable person accepting as evidence', which is the fairwork requirement. Most large employers have a preferred medical supplier that they could get to write a statement that there was no evidence at all that a person is experiencing symptoms if there has been no examination physical (or even verbal from the looks of that site). Just fill in a quick form and whammy Medical certificate in your in box.
            I'm not saying I even agree with with the need for medical certificates. But I think it's just as likely the courts would see it as reasonable for an employer to challenge these sites, as long as they have a medical person to back them up.
            Don't forget it's likely the employer has already conceded the employee at least 2 absences a year with no evidence required in the interest of being reasonable.

            • @tonka: The way to test what a reasonable doctor would or wouldn't do is against his/her peers.
              If the medical colleges issue guidance prohibiting this then that should be sufficient.
              A reasonable person would align with the medical peak bodies.

              • @drfuzzy: Yeah, that's why I wrote, as long 'as they have a medical person to back them up'. Has a medical college issues guidance saying you CAN reliably verify symptoms without making any contact with the patient.

    • -8

      You could say the same for forced Covid vaccination to keep your job.

  • +1

    I recently did a telehealth. Thought i had covid but was still wfh earlier in the week and was waiting for my pcr results.
    Wanted a cert because by fri night I was struggling and concious that I had an assignment due mid next week and how was I going to access antivirals etc. The doctor refused to give me a cert over the phone for more than fri night and told me I had to attend in to the gps office the next day. I'm obviously not a moron or selfish so didn't do this. I called the next morning to complain, gave reception and my usual gp my positive covid results (that I got at 6am) and also made a complaint about the doctor telling me to come in to the centre to get a cert for more than 1 night!
    The doctors get paid, people have all different medical circumstances as well as mobility and financial that may impact their ability to see a doc there and then. This should not be made harder or impact ppls position as an employee.
    Everyone has different circumstances, i for 1 know I will have certain issues at times that while i don't need to see a doctor for a diagnosis, i know that I am not in a state to work. The ability to call in sick and use my leave shouldn't be made more difficult or stressful for me. Or more expensive.

  • Wow never knew there was such a thing. Thanks op, gonna try it with my employer.

  • +3

    Hope he isn't in the union. They clearly sold their members out.

  • +1

    Good luck defending this position at the tribunal when the first employee is unfairly dismissed.
    If there is concern with these services - your employer should be lobbying the government/AMA/RACGP for changes to the healthcare system.

    • I doubt anyone would get dismissed, but their claim for sick leave would probably get denied.

      • In that case if the employee took the employer to FWA I doubt this policy would have a leg to stand on. If the electronically-issued medical certificates are within the legal definition of such, I don't see how the employer can refuse to accept it.

  • +7

    Large Australian Employer (10,000+ Employees)

    Name and shame, FFS

  • +2

    Like most things a few greedy, lazy, dodgy sample of people ruin it for everyone. Now honest people who occasionally use sick leave have to jump through hoops because of those who use sick leave like it's annual leave.

    Don't worry about big business or high up execs, they couldn't give a stuff if you call in sick or not. They still collect their bonuses. It is your team mates who are impacted having to pick up the slack, cover your ass etc.

    Surely most people on here have worked with people who 'plan' their sick leave out or wait for enough to accrue so they can take another day off?

  • -1

    Go on strike to protest this. Evil corporations are walking over employees.

    • The Howard government removed the ability to do that.

    • +2

      Currently, workers are only able to take strike action during EBA negotiations. All other strike action is considered illegal.

      I agree a strike would fix the problem, but there are way too many cowards and idiots in Australia today. A smaller and smaller percentage of workers are willing to join a union and fight for themselves and their co-workers. Living standards are going to have to decline substantially more before many people will get of their arses and take a stand to stop billionaires and mega corporations from ripping them off.

      • There's too many people upto their eyeballs in debt these days that won't even go on strike when it is legal.

        • True, but nurses in New York just went on strike due to poor pay and conditions. They got everything they wanted after 2 days.

          No one wants to strike and lose pay, but no one will get better pay until they strike.

          • @rosco385: If everybody joins the strike it will be over with very quickly, but you can't tell these people

  • A previous employer of mine accepted stat decs for sick leave. HR was a JP. Easy.

  • I've never been asked for a DC, although i provide one if i actually go to the doctor. That said i use <5 days sick leave a year so my boss' have never had a reason to question whether i am being legitimate or not.

  • +1

    Which union? Why would they have agreed to what seems to be a clear concession with no ground gained elsewhere?

    • Money in on the SDA only union backwards enough to think digital medical certificates during a pandemic are not acceptable.

  • +4

    my manager trusts me so i dont need any medical certificates for sick leave 💪🏻

  • +1

    Who is the employer?

    • I'd be guessing a certain electronics retailer

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