Published on Jan 16, 2024
A backdated medical certificate is issued with a date preceding the actual issuance date, suggesting the medical condition existed earlier than indicated. Such a medical condition may or may not still be present by the time the patient is actually trying to obtain the evidence from their doctor. While individuals or healthcare providers may occasionally request or issue such certificates, ethical and legal concerns arise.
Obtaining a medical certificate covering recent days is occasionally feasible in Australia, depending on specific conditions and the doctor's evaluation. A doctor may certify that an illness occurred before the actual appointment/examination date, contingent upon particular medical circumstances, provided the sick leave occurred within the last few days. The certificate will prominently display the consultation date, as required by legal standards.
However, due to the limitations of telehealth, NextClinic cannot cover more than 24 hours prior to the consultation date via our current online medical certificate pathway. This applies when a patient's sickness started a day before the actual issuance of the medical certificate and they are still unwell with the same illness. These certificates are not actually called backdated medical certificates in nature.
Employees may occasionally receive inaccurate advice from employers regarding obtaining a medical certificate for past dates. Australian employment law explicitly allows employees to secure a medical certificate after the commencement of sick leave. However, if a significant amount of time has passed since the sick leave period, a doctor may, at their discretion, decline to provide a backdated medical certificate.
Your regular GP is the best person to consult when you have been unable to perform your duties at work in the days that have passed but were unable to obtain the medical certificates on time for any reason.
It is advisable to furnish a medical certificate to your employer as soon as possible, typically within a day or two of your absence. The specific timing might depend on your employer's policy, with some workplaces mandating a medical certificate or doctor's certificate even for a single day off, while others may require it only for more extended absences.
If you are on an extended sick leave, timely submission of the certificate becomes crucial. This practice ensures the justification of your absence and safeguards your sick leave entitlements under the Fair Work Act 2009.
It's crucial to note that the Australian Medical Association (AMA) stipulates that medical certificates should bear the date of the actual consultation. Employers may view a backdated medical certificate as a potential red flag, especially when used for leave entitlements or compensation. Most doctors in Australia are hesitant to backdate certificates due to associated legal risks.
Currently, NextClinic can issue Medical Certificates Online for a maximum of 2 days approved by Australian-Registered doctors. Our 2-day certificates can cover at least the previous day prior to the actual issuance date, aligning with the continuation of sickness discussed during consultations, at the discretion of the partner doctor. This is for self-limiting minor illnesses where recovery is expected within such a timeframe.
Although our platform's functionality is currently limited, there are plans to expand services to include e-scripts, pathology, radiology, and specialist referrals. Once full functionality is achieved, NextClinic will be able to issue medical certificates covering more than two days after a long telehealth consultation.
This comprehensive approach involves essential investigations, treatment, and the development of a thorough follow-up plan should someone be sick enough to take multiple days off.
For now, feel free to request a medical certificate online for a day or two which will be in your inbox within an hour.
If you still have futher questions regarding our online medical certificates pathway, please check out our FAQ.