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Save up to $15.90 on a Medical Certificate - Use a Statutory Declaration as Evidence for Sick/Carer's Leave @ Fair Work Ombusman

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Hey OzBargainers,

Under Fair Work Australia guidelines found here, you can use a statutory declaration instead of a medical certificate as evidence for sick and carer's leave. Using a Statutory Declaration can save you up to $15.90 when compared to a medical certificate (like the one here) and potentially up to $40 for a GP consultation. It will also reduce time spent in waiting rooms. It’s a cost-effective and convenient solution that's not widely known, providing significant savings and benefits.

credit/thanks to @tunzafun001

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Comments

  • +5

    and 99% of people DO NOT need to go into a GP and keep infections circulating

    Are you sure about that?

    • Yes we need this to be fact checked.

      • +41

        I fact checked this and found that 90% of statistics are made up on the spot.

      • Yeah it legit. I do it whenever I’m sick for 2 days plus if I do r need to see the Dr. just get the stat dec and write I was unable yadda yadda yadda because I was unwell.
        Get it stamped and swear that you are telling the truth. Than had it into your overseer at work.

        • +1

          I feel like you missed the start of the comment tree.

          and 99% of people DO NOT need to go into a GP and keep infections circulating

          99% of sick people do not need to see a doctor?

          • -1

            @Clear: Didn’t miss anything. Just pointing out the process I use whenever I’m sick.

          • +1

            @Clear: 99% of the time, they're sick 100% of the time.

          • +1

            @Clear: 99% of sick people need to stay at home

    • +29

      It's a valid point.

      Paying $70-100 dollars just to go into a building and sit surrounded by other contagiously ill people to get a note for your employer is a horrendously inefficient use of the medical system and outdated. As is the concept of requiring medical "proof" for an absence of less than 3 days.

      • +1

        That would depend on whats wrong with you… Ignoring some symptoms can have a deadly outcome.

        • +13

          Yeah, but people should be visiting the GP because they feel like they need it, not because employer forces them to.

        • +3

          That would depend on whats wrong with you… Ignoring some symptoms can have a deadly outcome.

          Regardless, it's none of the employer's business anyway if you're just taking a day or two off work. Maybe if you're needing several months off for major surgery and recovery than it is but obviously that doesn't apply to a majority of sick leave which is predominantly taken for minor colds/flus.

          The real problem is that advocating for worker's rights is non-existent in Australia so we put up with asinine levels of petty bureaucracy from employers for no good reason, especially compared to civilised countries in Europe with strong IR laws.

      • +6

        Agree. Employers want to make it incredibly difficult to use sick leave because it's a cost to them.

        • +4

          Sounds like your employer sucks. I had to take a couple of months off and mine said not to worry about it. Health comes first.

          • @Clear: is your employer AliExpress?

            • +1

              @RTX9090Ti: Haha you don't get such rights in China. George Soros pays me $50 to attend rallies.

              • @Clear: $50 not bad for decent lunch these days :p

          • @Clear: Having a couple of months personal leave available says to your employer you don’t abuse the system and would be enough evidence your request is legit.

        • +1

          Bad employers do this, good employers know that forcing workers into a small room with other very likely sick people will only make them miss more days of work and cost even more, when their workers could actually just be in bed resting with an over the counter cold medicine and bounce back the next day

          Ive worked in corporate world for my entire adult life and the number of people using sick leave to just 'get out of work' is so low, unless they're on an exit plan. Most people genuinely want to recover quickly and get back into it. Being babied by an employer like this is big red flag in my opinion

      • +1

        Yes, completely agree. Forcing workers with garden variety respiratory infections to go see a doctor for a few days sick leave was awful policy. It wastes the worker's time, the doctor's time, government resources (Medicare rebates + limited GP spots), the worker's money, and potentially exposes lots of other people to the pathogen. If the doctor is infected he/she could pass it on to their other patients and spread it even further throughout the community.

      • Even worse is when you call all the local GPs and either their books are full or their first available slot is in 6 weeks.

    • They've done studies, you know. Sixty percent of the time, it works every time

  • +14

    Not worthy of being posted in the "Deals" section of OzB. Forums would be better but thats just me

    • +15

      I kinda get your point which is very valid but I never really check forums here so I would have missed this info

      • And thats probably why, maybe OzB mods should create some sort of forum box on the deals page where these sort of deals but not so deals can be seen.

  • -4

    This isn't true for all job as you sort of mentioned but needs to be clearer for some people. Some not only require a certificate but also the nature of the illness.
    Should be Forum post as mentioned above

    • +6

      Actually they can ask, you’re not obligated to detail anything. Unless it’s essential for them to know I.e work over etc..

      But obviously it will help maintain your relationship with the company if you do, but the point is you don’t have too.

        • +4

          There's a difference between providing evidence of your illness (medical certificate) versus providing details of your illness. If they were demanding that you tell them what your illness was then you have a pretty good case with fair work.

          https://www.healthdirect.gov.au/talking-to-your-employer-abo…

            • +1

              @[Deactivated]: Unions aren't always looking out for the employees best interests (cough SDA cough). Your best best is seeking advice from Fair Work instead. Unfortunately employers breaking the law around workers rights is widespread. Even in government and large corporations.

    • -3

      Deleted my comments because there in no convincing an echo chamber.
      I am right keep downvoting losers

  • +10

    " STATUTORY DECLARATIONS ACT 1959 - SECT 11
    False declarations

    A person must not intentionally make a false statement in a statutory declaration.
    

    Penalty: Imprisonment for 4 years. "

    Be careful chucking a sickie…

    • +4

      I'd like the imprisonment statistics on that. I predict 0% for people making a false declaration for one day sick leave :).

      • +4

        You willing to sign a stat Dec about your last comment?

        • +3

          A prediction isn't an intentionally false statement, so yeah.. fine to stat dec it.

    • +2

      Yep that could have more legal ramifications than faking a medical certificate which is grounds to have your employment terminated.

    • +4

      mental health day is a thing. just don't post your clubbing / skydiving photos on social media

    • +3

      For this reason it's best to keep your statement rather vague.

    • Imprisonment aside - fraud is fraud. You end up with that mark on your name - regardless of the severity and you'll see yourself overlooked by a large majority of future employers.

    • +1

      Penalty: Imprisonment for 4 years.

      Lol, if they actually enforced that law (which they don't) this country wouldn't be able to build enough jails to house all of the people in Australia who regularly take sick leave when they don't genuinely need to.

      That red herring aside, the real issue here is that the entire sick/medical leave provision in employment agreements is ridiculously outdated, overwhelmingly favours employers and is managed extremely poorly with both employers and employees not aware of the laws and their rights.

    • +10

      It’s kinda sad to see that a member since 2014 still not following the voting guidelines…
      If you want to neg a deal, you need to provide a reason otherwise that counts as invalid negative vote

      • They also aren't contributing deals either, beggers/choosers etc.

      • and four years in the slammer.

  • +4

    I can't remember the last time I needed a certificate for sick days for work

    Either if I'm sick and just stay home without going to GP or I'm sick and do go GP (and do get a certificate) but my work never asks for them

    • my work asks even if its one day if I take it on monday or friday

    • Our work says its required for one for Monday OR Friday… But I dont think anyone has ever been asked to produce one..

    • A lot do. As others have said a common tactic is to require them on mon, fri and days adjoining a long weekend. This is because they know people chuck a sickie to get an extra travel day for a "long weekend" away and the certificate in your home town makes that hard when you are on the road/airport.

      Its real easy to fake a note, doctors just print them on a basic printout, but that fraud does make for a firable offence if it was proven that someone was on holiday, you didnt just lie about being sick you created forged documents.

      • I remember submitting a med certificate from the city I was travelling to during a long weekend. Noone had any issues.

  • -4

    some how I feel these quirky posts should have their own section

    not a deal and not a forum item

  • GOAT post

  • +6

    Get a Medical/Sick Certificate for Free

    It's not a medical certificate…

  • I thought these days ppl use instant script, cost around $20 and you dont even need to get out of the bed, just a phone call they send you the email and forward that to your employer.

    Continue to sleep

    • +3

      Or save $20 and do this

    • +1

      There are always people who will pay for convenience regardless of the cost.
      The same people who will order Uber Eats from the take away store one block walk away will prefer to part with $20 and save the hassle of filling a form.

      • you still have to fill a form to get a cert from instantscripts. you have to sign up, fill in your details and go through the questionnaire. you can be pedantic and say there's a few more steps involved but really it takes you minutes

  • +22

    You can get a stat dec done online through mygov after setting up digital identification. Don't even need to go anywhere to get it signed.

  • Coming from a Comm public service background, most Enterprise/Agency agreements allow an employee to utilise a Stat Dec in place of a medical certificate. The bonus being, that most public servants with 5 yrs continuous service can witness Stat Decs.

    Here's a link for creating/tailoring an online Stat Dec template for your needs.

  • My doc issues medical certificates online too. Who woulda thunk in this day and age? Not free, but a lot easier than typing up a a stat dec and running around to find someone to sign it.

    • I have major issues with the requirements to create a Digital Identity but my.gov.au states:

      “You can create and download a digital Commonwealth statutory declaration in English using the myGov website or the myGov app.

      We use Digital Identity to verify your identity and ensure your declaration is legally binding without the need for a physical witness.“

      Also, the template is already provided so you don't need to write it up, just fill in a few blanks.

  • +3

    My wife and I can both witness stat decs (Gov employee and Teacher) - so are able to witness each others. Seemed suss when we first did it, but couldn't find anything online disallowing it. Workplaces don't seem to care. Makes life much easier!

  • +2

    If your work demands a sick certificate for any absence, the real bargain is getting out of the sweatshop.

  • Read your employment contract before you start using these left, right and center. Whilst acceptable under the FWA. Your company can request a sick certificate. YMMV

    • Just because something is in a workplace contract doesn’t mean it overrides workplace law. But really need to weigh up the pros and cons of rocking that ship haha

      • This specific instance, it does. The fwa doesn't specify the proof required (certificate, stat Dec etc). But if your contract does, go with the contract.

        • +1

          "An award or registered agreement can specify when an employee has to give evidence to their employer and what type of evidence they have to give. The type of evidence requested must always be reasonable in the circumstances."

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

          Per the example if you can't see the doctor then the stat dec is good. If your company fights this you really don't want to be working for them.

          • @SerialExperience: Yeah agreed. We don't need to supply them until the fourth day.

            I have worked for companies that lie or try enforce rules which are not in the guidelines covered above in the fwh. Namely retail.

  • I thought this was common knowledge

    • Most people may know but heaps of people will hear it for the first time.

      That's how something stays common knowledge!

  • LOL so many awards are specific about what is required so this should be intersting, and as far as I know, a stat dec under the Oaths Act, needs to have a signature witnessed by a JP. Try finding one of those when you need one.

  • I guess use these only if you want to chuck a sickie just because.
    But if you are really sick and you need to chuck a sickie, visiting your GP would be best. (If they have appointments to squeeze you in)

  • +1

    Imagine being sick and then spreading it to an innocent jp because you want to save time and money!

  • It's fairly easy to get a MC for $10 or less.

    I just find it easier as my employer can't question the time off.

  • +1

    I always provide stat decs when sick for more than 2 days.
    "I was unfit for work on dates"
    That's it. Nothing more to it.
    The list of witnesses that can sign a stat dec is quite extensive you don't need a JP. If you have family that meet any of the requirements they can sign as well.

  • +1

    There's a lot of panicky mask wearers in this comment section. Personally I do a PCR test everyday and I go to the GP everyday also.

  • Thanks OP.

  • Hi guys today I had to fill out a sick day (carer) and provided a digital Commonwealth one. Very easy to use via myGov and all digital

    https://my.gov.au/en/about/help/digital-id/digital-commonwea…

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