Q: Can a family member provide an employee with a medical certificate? For example, can an employee’s father-in-law legally provide a doctor’s certificate on their behalf or should the employee be treated by a different doctor?

A: Yes, a family member can provide a doctor’s certificate. The evidence requirements in the Fair Work Act 2009 (Cth) are that it must satisfy a reasonable person.

However, if you have good reason to believe the medical certificates you are receiving are illegitimate, you do not have to accept them. If this is the case, the next step is generally to have the employee sign a statutory declaration in relation to their illness or injury.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Personal/carer’s leave for current advice.