As employers adapted to life post COVID-19, like embracing remote work and fostering employee well-being, certain challenges have emerged for business owners. 2020 reshaped work environments, merging the digital and medical domains, with the reverberations of this transition continuing to unfold.
A particular challenge on the horizon is the growing reliance on online medical certificates as evidence for personal leave requests. This trend leaves many employers pondering a crucial question – should these certificates hold up as valid proof?
With this in mind, it’s important for employers to understand what online medical certificates entail, how they impact businesses, and how best to navigate this new landscape.
An online medical certificate is precisely as it sounds. Employees can access the internet, search for “online medical certificates,” answer a brief symptom-based questionnaire, make a payment, and swiftly receive a medical certificate via email.
The catch? These certificates lack the endorsement of a medical professional. Unlike medical certificates acquired through telehealth consultations with licenced doctors, online medical certificates rely solely on self-reported responses to digital questionnaires.
The crux of the matter lies in the decision to validate these online certificates as credible evidence for personal leave. While there is not a definitive list of evidence requirements to support employee leave requests, the Fair Work Ombudsman emphasises that any evidence should reasonably substantiate the need for leave.
Therefore, if it seems unreasonable for an employee to provide a medical certificate without a medical consultation, declining the leave request is well within the rights of the employer. However, this stance can also hinge on company policies and other HR documentation such as employment contracts.
If unsure, the employer can instead advise the employee that an online medical certificate is insufficient and grant a 24-hour window to offer supplementary information or alternative evidence. Should the employee fail to do so, processing the leave as unpaid becomes a viable option.
As business owners navigate this new landscape, in the instance that an employee does provide an online medical certificate as evidence for personal leave and there is any uncertainty, employers can also request a statutory declaration in support of the online medical certificate.
Statutory declarations hold more weight than online certificates due to their legally binding nature. By signing these documents, employees attest to their veracity and expose themselves to legal ramifications if falsehoods are detected.
Employers should be proactive in upholding internal policies and put into practice the following measures to verify the legitimacy of medical certificates:
If suspicions of fraudulent certificates are validated, disciplinary action is warranted. Procedural fairness involving a support person, allegations presentation, and employee response is essential.
Best practice is key and employers should update leave policies to exclude online medical certificates, and communicate this change to deter employees from submitting them. Conducting personal leave audits, implementing fairness, and seeking employee feedback, is also beneficial.
To navigate the complexity of online medical certificates, it’s important to embrace adaptability in an ever-evolving workplace landscape. Informed decision-making is the cornerstone of fostering a harmonious workplace. Want more info? Get in touch with our team for an obligation free chat – we can help!
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