FAQ: Can My Employer Refuse To Accept My Medical Certificate?

Getting sick is stressful enough without worrying about whether your employer believes you.  Most employees assume that once they provide a medical certificate, the issue is settled. But sometimes employers question the certificate, refuse to accept it, or continue pressuring the employee to come to work anyway.  This can leave employees feeling anxious and unsure about their rights.

In New Zealand, employers do not have unlimited power to reject a medical certificate. There are rules around when employers can ask for one, what counts as a valid medical certificate, and what employers should do if they genuinely doubt it.  

When Can an Employer Require a Medical Certificate?

Under New Zealand law, an employer can ask for proof of sickness or injury in certain situations.  Usually, your employer can require a medical certificate if you are away sick for three or more consecutive calendar days. This includes weekends and public holidays if they fall within your sick leave period.

For example, if you are sick on Friday, Saturday, and Sunday, your employer can ask for medical proof even if you were only scheduled to work on Friday. 

An employer can also ask for a medical certificate earlier than three days. However, if they do this, they generally need to pay the reasonable cost of getting the certificate.  That cost might include the doctor’s consultation fee, costs for an urgent appointment, and/or charges for obtaining documentation.  If the employer wants proof before the three-day mark but refuses to cover the cost, that may become an issue later if they try to discipline the employee for not providing one.

What Makes a Medical Certificate Legitimate?

A legitimate medical certificate does not need to contain detailed private medical information.  In most cases, a valid certificate simply confirms that:

• You were examined by a medical professional,

• You were unfit for work, or

• You should work with restrictions or modified duties.

Your employer is generally not entitled to know your diagnosis unless you choose to disclose it. What matters most is whether the certificate comes from an appropriately qualified health professional.  Medical certificates can come from: 

• GPs,

• After-hours clinics,

• Dentists,

• Midwives,

• Nurse practitioners,

• Physiotherapists in some situations, and

• Telehealth or online medical providers

A medical certificate also does not need to use special wording. There is no legal requirement for a certificate to follow a specific format.

Can My Employer Refuse to Accept My Medical Certificate?

Sometimes employers question certificates because:

• The employee has frequent absences,

• The certificate is vague,

• The employer suspects dishonesty, or

• There are performance or disciplinary concerns already happening.  

An employer is allowed to make reasonable enquiries in some situations. However, they cannot simply ignore medical evidence because they do not like the answer.  In many cases, employers get into trouble when they assume an employee is “faking it” without proper evidence.

A medical certificate is usually considered reliable evidence unless there is a genuine reason to doubt it.  For example, an employer may have concerns if:

• The certificate appears altered or fake,

• The employee was seen doing activities inconsistent with the illness,

• There are contradictory medical opinions, or

• The certificate contains obvious errors.  

Even then, employers should approach the situation carefully and fairly.  In New Zealand employment law, employers have obligations of good faith. That means they must act honestly, reasonably, and constructively.  An employer who simply says “I don’t accept your medical certificate” without any proper basis may be acting unfairly.

What Can Happen If My Employer Rejects My Medical Certificate?

The consequences can vary depending on the situation.  Some employers may:

• Refuse to pay sick leave,

• Treat the absence as unauthorised leave,

• Start disciplinary action,

• Give warnings,

• Pressure the employee to resign, or

• Begin performance management processes.  

In more serious situations, employees may face threats of dismissal.  However, employers still need to follow a fair process.  Even if an employer has concerns about a medical certificate, they should: raise those concerns openly, give the employee a chance to respond, consider medical evidence properly, and conduct a reasonable investigation.  

An employer who jumps straight to discipline without proper process may expose themselves to a personal grievance claim.

Can an Employer Ask for a Second Medical Opinion?

If an employer genuinely doubts the medical information provided, they may ask the employee to attend an independent medical examination.  However, this is not automatic.  The request needs to be reasonable, relevant to the employment issue, and based on legitimate concerns.  The employer will generally need to pay for the examination.  Employees should also be told why the second opinion is being requested and what information will be shared.  

What Should I Do If My Employer Won’t Accept My Medical Certificate?

If your employer is challenging your medical certificate, try to stay calm and focus on keeping records.  You should keep copies of everything including:

• Medical certificates

• Emails

• Text messages

• Meeting notes

• Letters from your employer

Good documentation can become very important later.

If your employer says they do not accept your certificate, ask them to explain why in writing.  Sometimes employers back down once they realise they must justify their position properly.

You do not need to hand over your full medical history just because your employer asks. Only provide information reasonably necessary for the employment situation.

If the situation escalates, it can help to return to your doctor, obtain a more detailed certificate, and ask your doctor to clarify work limitations.  This can sometimes resolve disputes early.

When should I get help?  

Many employees wait too long before seeking help.  If your employer is threatening disciplinary action, refusing sick leave unfairly, or questioning your honesty, it is often worth getting employment advice sooner rather than later.  You should consider getting legal advice if:

• Your employer threatens dismissal,

• You are being disciplined over sick leave,

• Your employer refuses to pay entitled sick leave,

• You are pressured to return to work while medically unfit,

• Your employer keeps demanding private medical information, or

• You believe you are being treated unfairly because of illness.  

In some cases, employees may have grounds for a personal grievance.  This can include situations involving unjustified disciplinary action, unjustified dismissal, discrimination or breaches of good faith.  Getting advice early often helps employees understand their position before the situation becomes more serious.

Most employers accept medical certificates without issue. But when disputes happen, employees often feel powerless.  It is important to remember that a medical certificate is not simply an opinion your employer can ignore because it is inconvenient.  Employers must act fairly, reasonably, and in good faith when dealing with sickness and medical evidence.

If your employer is refusing to accept your medical certificate or questioning the validity of your request for sick leave, get in touch today for a free consultation. MathewsWalker.co.nz | 0800 612 355 

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