Fair Work entitlements

Fair Work entitlements are workplace rights and minimum conditions that may apply under Australia's national workplace relations system. They include matters such as leave, hours and flexible-work requests. The National Employment Standards set minimum protections, while awards, agreements and employment circumstances can add detail. A medical consultation does not determine every employment-law question.

Which rules apply to me?

Start with your employment type, employer and applicable award or agreement. Full-time, part-time and casual employees do not have identical paid-leave entitlements. Some workers are covered by a different workplace system, so do not assume a national summary resolves every situation.

Check your payslip, contract and employer policy, then use Fair Work's official information if there is uncertainty. A workplace policy cannot simply remove a legal minimum entitlement, but how a particular rule applies may need individual advice.

For the Australian guidance behind this explanation, see Fair Work Ombudsman: National Employment Standards - Fair Work Ombudsman.

How do medical certificates fit in?

A certificate can provide evidence of illness, injury or caring circumstances when clinically appropriate. It does not create a leave balance, approve a flexible-work request or decide a workers compensation claim. Employers and relevant decision-makers apply the administrative and legal rules.

Tell the clinician what evidence is being requested and provide the actual dates and functional impact. The doctor must make an independent assessment and should only certify what can be supported. A request from an employer does not require a clinician to make an unsupported statement.

What should I do if there is a disagreement?

Keep records of notices, evidence requests and responses. Ask the employer to explain the basis for the decision. Fair Work, a union or another appropriate adviser may help with an employment issue; a repeat medical appointment may not resolve it.

See Doccio's medical certificate information for its clinical service. A doctor decides whether evidence is appropriate, while entitlement and payment questions should be checked against the applicable workplace rules.

Where to go next

Read medical certificates to understand the relevant service. A doctor decides whether a consultation, examination, referral or another pathway is appropriate for your situation.