Medical certificates are a common feature of managing sick leave, yet they are often misunderstood by employers. Questions regularly arise about when a certificate can be requested, what it actually means, and how far an employer can go in challenging or relying on it. Getting this wrong can quickly lead to employee relations issues or legal risk.
Under New Zealand employment law, employees are entitled to sick leave once they have met the eligibility requirements, and employers are entitled to ask for reasonable proof of illness in certain circumstances. A medical certificate is one form of that proof.
In most situations, an employer can ask for a medical certificate if an employee has been sick for three or more consecutive calendar days, including weekends and non working days. If an employer asks for a certificate earlier than this, for example on the first or second day of absence, the employer must cover the cost of obtaining it. This is a point that is often overlooked and can quickly undermine an employer’s position if challenged.
A medical certificate confirms that a medical practitioner believes the employee is unfit for work for the stated period. It does not need to disclose the nature of the illness, diagnosis, or personal medical details. Employers should not ask for additional information beyond what is necessary, as medical information is considered highly sensitive under the Privacy Act.
A common area of confusion is what happens when an employee works while holding a medical certificate stating they are unfit for work. While this does occur, it does not invalidate the certificate. Employers should be cautious about accepting work performed during certified sick leave, particularly where the certificate clearly states the employee is unfit. Doing so can expose the employer to risk if the employee’s health worsens or if there is later a dispute about expectations while on sick leave.
Medical certificates also come into play during performance management, disciplinary processes, and restructures. If an employee provides a certificate stating they are unfit for work or unfit to participate in meetings, employers should generally pause and take advice before proceeding. Pushing ahead regardless can be viewed as unreasonable, even where there are genuine business pressures.
Where an employer has legitimate concerns about the accuracy or reliability of medical information, there are lawful options available. This may include seeking clarification from the medical practitioner with the employee’s consent, or in some cases requesting an independent medical assessment. These steps should be taken carefully and proportionately, as overreach can quickly damage trust and credibility.
Ultimately, medical certificates should be approached with balance. Employers are entitled to manage attendance and ensure operational needs are met, but they also have obligations to act in good faith, protect employee privacy, and avoid actions that could be perceived as punitive or dismissive of genuine health issues.
If you are dealing with a situation involving medical certificates, sick leave, or questions about an employee’s fitness for work, particularly where there are other employment issues in the background, it is worth getting advice early. These situations often become more complex the longer they are left unmanaged. proHR works with employers to navigate these issues carefully and lawfully.
