Can your employer demand a statutory declaration for sick leave?
In most cases yes. Under the Fair Work rules an employer can ask for evidence that you were genuinely unable to work, and they can ask for it for as little as one day off. A statutory declaration is one of the accepted forms of that evidence.
This is the question behind most searches for a sick leave stat dec, and the official pages tend to answer a different one. So, directly: your employer can ask, the request has to be reasonable in the circumstances, and if you do not provide evidence when properly asked you may not be entitled to be paid for that leave.
A statutory declaration exists precisely for the situation where you cannot get a medical certificate. The Fair Work Ombudsman's own worked example is an employee who was sick over a weekend, could not get a doctor's appointment, gave her employer a statutory declaration when she returned, and was paid for the day off.
Employment entitlements are decided by the Fair Work Ombudsman, not by us. If there is a dispute about your leave or your pay, they are who to contact.
This page explains the process and points you to the official source. It is general information, not legal advice. For advice about your situation, speak to a lawyer, Legal Aid or a community legal centre.
Checked 14 August 2026. We re-check this page every six months, and sooner if a witness list changes.
What the rules actually say
- Your employer can ask for evidence. They can ask you to show that you could not work because of illness or injury, or that you needed to care for or support an immediate family or household member.
- One day is enough to trigger it. Fair Work states that employers can ask employees to provide evidence for as little as one day or less off work.
- The request must be reasonable. The type of evidence requested must always be reasonable in the circumstances.
- Your award or agreement may set the detail. An award or registered agreement can specify when you have to give evidence and what type you have to give.
- Refusing has consequences. An employee who does not give their employer evidence when asked may not be entitled to be paid for that sick or carer's leave.
Medical certificate or statutory declaration?
Both are accepted forms of evidence. A medical certificate is what most employers expect. A statutory declaration is the alternative when a certificate was not realistically available.
The Fair Work Ombudsman's published example makes the point: an employee whose workplace required a medical certificate for a Monday absence was sick over the weekend, could not get a doctor's appointment, provided a statutory declaration on the Tuesday, and was paid for the day.
A statutory declaration is not a way around needing evidence. It is a different way of giving it, and it is a legal document. Knowingly making a false one is a criminal offence.
What to put in it
Keep it factual and short. The dates you were away, that you were unable to work because of illness or injury, or that you were caring for a specified family or household member, and why you could not obtain a medical certificate. You are declaring facts, not making a case, and you do not need to disclose your diagnosis.
What to do, in order
Five steps. The second one prevents most of the trouble.
1. Tell them as soon as you can
Notify your employer as soon as possible, which can be after the leave has started, and say how long you expect to be off.
2. Ask what evidence they need
Check your award, enterprise agreement or workplace policy, and ask directly if it is unclear. These documents can set both when evidence is required and what type.
3. Get a certificate if you reasonably can
Use a statutory declaration where a certificate was not practical, for example when you could not get an appointment.
4. Use the right form
Work out whether you need a Commonwealth or a state declaration, then take the current form from the official page. See which one you need.
5. Sign it in front of an authorised witness
Check who is authorised where you are, take photo ID, and do not sign beforehand. Give your employer the original and keep a copy.
If you think the request is unreasonable
The test is whether the evidence requested is reasonable in the circumstances, and that is an employment question rather than a question about the declaration itself. Take it to the Fair Work Ombudsman, who can advise on your entitlements and on what your award or agreement requires. If it becomes a dispute, a union, a community legal centre or an employment lawyer can help.
Keeping a clear record of dates helps in any of those conversations: when you first told your employer, when they asked for evidence, and when you provided it.
Common questions
Can my employer ask for evidence for one day off?
Yes. Fair Work states that employers can ask employees to provide evidence for as little as one day or less off work. The type of evidence requested must still be reasonable in the circumstances.
What happens if I do not give evidence?
An employee who does not give their employer evidence when asked may not be entitled to be paid for that sick or carer's leave.
Is a statutory declaration as good as a medical certificate?
Both are accepted forms of evidence for sick or carer's leave. A medical certificate is what most employers expect, and a statutory declaration is the alternative when getting a certificate was not practical.
Do I have to say what illness I had?
A statutory declaration states facts you declare to be true. You are not required to disclose a diagnosis to make one, and the relevant fact is usually that you were unable to work because of illness or injury on specified dates.
Which statutory declaration form do I use for work?
It depends on your jurisdiction rather than on the fact that it is for work. Ask your employer whether they need a Commonwealth or state form, and if they have no preference, use the one for the state or territory you are in.
Where this comes from
Every rule on this page comes from the official source below. We link them rather than copy them, because a form or a witness list that is out of date is worse than no form at all. Check the source if anything here matters to your document.
- Fair Work Ombudsman, notice and medical certificates, the rules on when evidence must be given, what types are accepted, the reasonableness test and the consequences of not providing it.
- Attorney-General's Department, statutory declarations, the Commonwealth form and the ways to make a declaration.
- Legal Aid NSW, statutory declarations, free plain-English guidance on statutory declarations.
Keep a record of the dates
Disputes about leave usually turn on who said what and when. Putting the dates in order early makes the conversation short. The builder keeps everything in your browser.