My employer wants me to return to work but my doctor says I'm not ready. Who decides?

What the Law Says

Australian workplace law protects your right to rely on your treating doctor’s medical advice about when you can safely return to work. Employers cannot unreasonably override that advice — but they do have limited rights to request an independent medical examination in specific circumstances.

Under the Fair Work Act 2009 (Cth), you have a workplace right to be absent from work due to illness or injury if supported by appropriate medical evidence — and it is unlawful for your employer to take adverse action against you for exercising that right.

Your employer must not discriminate against you because of your illness or injury. This includes pressuring you to return before your treating doctor clears you.

However, if there is a genuine doubt about your fitness for work — for example, where duties involve safety-critical tasks — your employer may ask you to attend an independent medical examination (IME), provided they give you at least 7 days’ written notice and cover all costs.

Any IME must be reasonable, necessary, and conducted by a qualified health professional with relevant expertise. You cannot be forced to attend without proper notice or justification.

Statutory Text

An employee has a workplace right to be absent from work because of illness or injury if the absence is supported by appropriate medical evidence.

— Fair Work Act 2009 (Cth), s. 341 — Workplace rights

Statutory Text

An employer must not take adverse action against a person who has a workplace right… including the right to be absent from work because of illness or injury.

— Fair Work Act 2009 (Cth), s. 340 — Adverse action

Statutory Text

An employer must not discriminate against a person because of the person’s illness or injury.

— Fair Work Act 2009 (Cth), s. 351 — Discrimination

What to Do

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