Doctors backdating medical certificates

The Fair Work Ombudsman and the Fair Work Act 2009 sets out the National Employment Standards (“NES”) The NES sets standards for employment and establishes a comprehensive base of standards for employers and their employees. However, casual employees are only covered by a subset of NES entitlements as follows: · unpaid carer's leave · unpaid compassionate leave · community service leave · the Fair Work Information Statement In some states and territories long serving casuals may be eligible for long service leave.

Employees can use the NES to understand their employment entitlements. We recommend you check your own state or territory laws relating to long service leave entitlements.

In addition, the NES qualifies an entitlement to be paid on the basis of personal, carer or compassionate leave.

It particular, it states that the employee must provide the employer, when requested, with evidence that would satisfy a reasonable person relating to the personal, carer or compassionate leave request.

There are some key considerations to be kept in mind and understood by employees and employers in relation to the use and provision of medical certificates and employee entitlements relating to their use.

Not an entitlement without a certificate Many employees believe that their use of accrued personal and carer's leave entitlements is a right that can be taken at any time during the course of their employment.

This is set out within the NES as well providing the source for the minimum entitlement provided for most employees relating to the provision of medical certificate.This is in order to support any payment by the employer to the employee relating to these employee entitlements.As set out within the NES, the employee is not entitled to payment for personal, carer or compassionate leave unless he or she complies with the request by the employer to show evidence in support of the claim.The national minimum wage and the NES make up the minimum entitlements for employees in Australia. Medical or Doctor’s Certificate A medical certificate is defined as documentary proof of illness from a registered medical practitioner stating that the employee will be/was unfit for work.When employers work with their employees to establish an award, employment contract, enterprise agreement or other any other registered agreement they can provide terms and agree conditions that are less than the national minimum wage or the requirements as set out under the NES. A medical certificate is generally regarded as irrefutable proof that an employee was legitimately absent from work because of the stated illness or injury.

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While for employers it sets the minimum benchmarks for employment arrangements and obligations with their employees. In addition where there is an expectation of ongoing work for a casual and the casual has been employed regularly and systematically for at least 12 months, there are extra entitlements from the NES and these are: · the right to request for flexible working arrangements · access to parental leave.

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