Sick Leave Bonanza the Rush is on for 'Non-medical' Medical Certificates

The Federal Government's Work Choices legislation allows medical certification for sick leave - once the domain of medical doctors - to be issued by anyone who is a registered health practitioner in their respective State or Territory.

The only concession the Government has made to fix its monumental legislative blunder is to not allow veterinarians to issue sick leave certificates for humans.

AMA President, Dr Mukesh Haikerwal, said today that the Government has opened up a sick leave free for all that will not benefit employers or employees.

"It has reached the ridiculous stage where employees could possibly get a separate sick leave certificate for a different body part for each day of the week," Dr Haikerwal said.

"Managing a patient's health requires a holistic approach that is best provided by a general practitioner.

"The new legislation promotes sickness, not wellness, and I fear we are just seeing the beginning of a dangerous trend that will hit workplace productivity and the health of workers."

With the refusal of Workplace Relations Minster, Kevin Andrews, to address the concerns of the AMA and business groups over the 'Claytons' sick leave certificates, the AMA is now mounting a test case to try and stop the trivialisation of sick leave in the workplace.

The AMA has submitted a complaint to the Victorian Chinese Medicine Registration Board concerning a 'medical certificate' issued by a Chinese Medicine practitioner earlier this year, which was sent to the AMA by a concerned small business owner.

The AMA identified a number of problems with the certificate, including:

• the certificate identified the practitioner as a doctor, even though they are not a registered medical practitioner
• the certificate was titled 'medical certificate' and stated the patient was receiving medical treatment
• the practitioner also stated that they were an Orthopaedic and Sports Medicine Clinician and a Therapeutic and Cosmetic Laser Clinician

The AMA believes that the certificate was clearly designed to give the impression that it had been issued by a doctor.

The Chinese Medicine Registration Board does not have any rules governing the provision of certificates to workers claiming sick leave.

This will be a key test of whether the Board is prepared to act to stop Chinese Medicine practitioners from issuing questionable medical certificates recommending time off work for a medical condition.

The medical certificate in question gave no confidence to the employer about the extent and nature of the condition suffered by the employee, and the employer was unable to determine whether the practitioner held appropriate qualifications to treat or issue a certificate about the undisclosed condition.

Dr Haikerwal said the AMA is encouraging businesses to come forward with any concerns they may have about the authenticity of sick leave certification they are receiving from non-medical sources.

"We are also urging the Government and the Minister to change the legislation to put some comfort and security back into sick leave for employers and employees," Dr Haikerwal said.