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FAQ - Statutory Declarations – Do they have to be accepted?

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As an employer, can you opt not to accept a statuary declaration, pharmacy certificate if it is written into a company leave policy or your employee handbook?

No. Under the National Employment Standards (NES), the evidence provided by an employee to support the requirement to take personal leave must satisfy a reasonable person. Such evidence may include a medical certificate or statutory declaration.

Any provisions within a workplace policy which provide that statutory declarations will not be acceptable evidence would not be enforceable.

In the event that an employer does not reasonably believe the evidence provided is truthful, they can dispute its legitimacy, but they would need to have strong evidence to suggest that the evidence is illegitimate.

Information in HR Advice Online guides and blog posts is meant purely for educational discussion of human resources issues. It contains only general information about human resources matters and due to factors such as government legislation changes, may not be up-to-date at the time of reading. It is not legal advice and should not be treated as such.

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