Your employer has legal obligations to under work health and safety laws to make your workplace safe. They must either:
This includes risks of physical and psychological harm.
If you work remotely, your employer has responsibilities to manage any risks to your health and safety.
If you have a work related injury or illness and are unable to go to work, you should contact your employer as soon as possible to let them know.
If you work through a group training organisation or labour hire agency, you can report your injury or illness to your supervisor, the health and safety representative or your agency.
Your industrial agreement, award or contract may set out requirements for taking sick leave or any other form of leave.
You should also see a GP if you have a work related injury or illness. In some circumstances they may provide you with a Workcover certificate.
If you do not have sick leave, you might be able to take some other sort of paid or unpaid leave.
You should:
You should also see a GP if you have a work related injury or illness. In some circumstances they may provide you with a Workcover certificate.
Your employer can ask you to provide them with a medical certificate if you take personal leave, such as sick leave or carer's leave.
Under the National Employment Standards you must provide your employer with proof of why you need leave, such as a:
If you are absent for a longer period of time, or on particular days, such as regularly taking sick leave on a Friday, it may be reasonable for your employer to request that you provide a medical certificate for those absences.
You can also check your award or employment contract for more information about personal leave and what is an acceptable type of evidence.
For more information about sick leave, contact the Fair Work Ombudsman.
If you have a dispute or disciplinary issue related to sick leave, you should get legal advice.
The medical certificate does not need to state why you are sick. However, it needs to state that you are or will be unfit for work during the period of time you are off work because of a personal illness or injury.
A Workcover Certificate of Capacity is a certificate that outlines:
The certificate will include details of the treating doctor and allow the doctor to release information to your employer and the insurer to help manage your return to work.
For more information, see Certificate of capacity on the State Insurance Regulatory Authority website.
If you have an injury or illness that is related to your work, you might be able to apply for workers compensation. Whether you can make a claim may depend on:
For more information, see Eligibility on the State Insurance Regulatory Authority website.
If you want to make a workers compensation claim, you should ensure your employer is notified of the illness or injury as soon as it occurs. You should also keep any medical documents or evidence about what has happened, as you may need this for your claim.
You have six months from the date of your injury or accident to make a claim for workers compensation, or as soon as you become aware of the injury or illness.
For more information, you can speak to Workcover NSW or get legal advice.
If you want to apply for workers compensation, you should get legal advice. A lawyer can:
For information about workers compensation laws:
If you need counselling:
If you have been ill or have an injury, you might be able to claim on:
If you are unsure about your options, you should get legal advice.
In some circumstances you have a right under the Fair Work Act 2009 (Cth) to be temporarily absent from work if you have an injury or illness, including when you have:
If you meet these requirements, and your employer dismisses you for being temporarily absent from work because of an illness or injury, you may be able make a general protections dismissal application to the Fair Work Commission.
For more information, see General protections dismissal on the My problem is about section of our website.
Employees who take a period of sick leave that is paid the whole time are protected from dismissal regardless of how long they are on leave.
Even if you were dismissed for being temporarily absent due to illness for more than 3 months after the end of paid sick leave within the last 12 months, depending on the circumstances you may still have a claim for unfair dismissal or a different general protections ground. For example, it could be unreasonable or discriminatory to terminate you.
For more information see How do I choose? on the My problem is about section of our website.
If you have been dismissed from work whilst you were on workers compensation, you should get legal advice.
Last updated: February 2024