Stat Dec for Sick Leave: What to Know

A stat dec for sick leave is a statutory declaration: a written statement, signed in front of an authorised witness, saying you were too unwell to work on certain days. Under the Fair Work Act, your employer can ask for evidence that would satisfy a reasonable person, and a declaration can meet that test, particularly when you couldn't see a doctor. A stat dec for sick leave is your own sworn account, though, so it can't give a medical opinion.

Key takeaways

• A declaration is your own statement of the facts, made before a witness, and lying in one is a criminal offence.
• It can be accepted as evidence for paid sick or carer's days if it would satisfy a reasonable person.
• Your award, agreement or workplace policy may say when a doctor's certificate is required instead.
• A federal declaration can now be made online, without a witness.

Stat Dec for Sick Leave Explained

A stat dec for sick leave states, in your words, that you were unfit for work because of illness or injury, and on which dates. What it should say is simple: your name, address and occupation, the dates you were away, that you were too unwell to work, and, if you like, why you didn't see a doctor. It doesn't need your diagnosis. Most people use the Commonwealth form, which your employer can accept like any other evidence. Here's how it compares with a medical certificate:

Why a Declaration Is Not a Medical Opinion

A declaration records what you say happened; it can't diagnose an illness or say how long you should stay off work. A stat dec for sick leave tells your employer you were too unwell to come in, and the witness only confirms who signed the declaration, not whether it's true. A doctor's certificate, by contrast, records a professional judgement after an assessment. That's why a declaration suits a day or two of a cold or gastro, when the facts are simple, while anything longer, recurring or affecting your safety at work is better assessed by a doctor. A declaration also can't clear you to return to work after an injury; only a practitioner can judge that.

Reasonable Evidence Rules in Workplace Policies

The Fair Work Act lets your employer ask for evidence for any paid sick or carer's leave, even a single day, as long as it would satisfy a reasonable person. Whether a stat dec for sick leave does depends on the circumstances: a declaration for one day when you couldn't get an appointment usually will, while repeated declarations for Mondays may not. Your award, enterprise agreement or contract can set firmer rules, and some workplace policies say when a doctor's certificate is needed, such as after two consecutive days. Read the workplace policy before you rely on a declaration, and if in doubt, ask HR whether one made through myGov is fine.

Commonwealth and State Statutory Declarations

There are two kinds of statutory declaration in Australia: the Commonwealth statutory declaration, made under the Statutory Declarations Act 1959, and each state's or territory's own statutory declaration for state matters. Leave under the Fair Work Act is a Commonwealth matter, so the federal form is the usual choice for sick or carer's leave.

State forms are used for things like some state government applications, and each has its own witness list. The federal form can be made three ways: on paper before a witness, signed electronically with a witness watching over an audio-visual link, or digitally online. Whichever statutory form you use, a false statement is a criminal offence, and under the federal Act it can bring up to four years in prison.

How Employers Assess a Declaration

An employer assesses a declaration by asking whether it would satisfy a reasonable person in the circumstances. Your employer will check that it's complete, witnessed or properly made online, and covers the dates you were away. Because you declare the facts under penalty of law, an employer usually accepts a declaration for a short absence at face value. If there's a pattern, such as declarations around weekends or public holidays, your employer may ask for a doctor's certificate next time, as long as that's reasonable. An employer generally can't insist on your diagnosis or punish you for a genuine absence backed by acceptable evidence, and a declaration that turns out to be false can lead to dismissal and prosecution.

Seeing a Doctor Early in an Illness

Seeing a doctor early in an illness often makes a declaration unnecessary, because a certificate written on the day carries more weight. A statutory declaration for sick leave is a fallback for when you genuinely couldn't see anyone, such as a sudden illness on a weekend or in a remote area. Early care also helps the illness itself: a GP can tell you whether it needs treatment, how long you're likely to be contagious and when you can safely go back. If an illness lasts more than a couple of days, keeps coming back or follows an injury at work, see a doctor rather than relying on a Commonwealth form.

When a Doctor's Assessment Is the Better Choice

A doctor's assessment is the better choice when the absence is longer than a day or two, when your policy asks for a certificate, when you need a return to work clearance, or when the illness could affect your safety at work. A medical certificate also protects you if your employer questions a pattern of absences. A Commonwealth statutory declaration can't cover a workers compensation claim, which needs a certificate of capacity, or most Centrelink purposes. A statutory declaration for sick leave is still useful for a short absence, but a certificate from a doctor usually settles the matter. With Medio, an AHPRA-registered doctor reviews a short $19 questionnaire and, where it's appropriate, emails a certificate.

Witness Rules for Statutory Declarations

A Commonwealth statutory declaration made on paper must be signed in front of an authorised witness, who watches you sign, checks who you are and then signs, adding their name, qualification and address. The approved list is long and includes, for example, doctors, nurses, pharmacists, police officers, lawyers, justices of the peace and teachers. The witness doesn't read or vouch for what your statutory declaration says.

You can now also sign one electronically while the witness watches over an audio-visual link, or make a digital one online, which needs no witness because your Digital ID confirms who you are. State forms have their own witness lists, so check the list on the form you use.

Summary

A stat dec for sick leave is your own witnessed statement that you were too unwell to work, and it often satisfies the reasonable evidence test for a short absence. It can't replace a medical opinion when the absence is longer, recurring or affects your safety. If you'd rather have that opinion, a Medio doctor can review a short questionnaire for a medical certificate where it's appropriate, instead of a stat dec for sick leave.

Frequently asked questions

What is the purpose of a statutory declaration?

The purpose of a statutory declaration is to let you state facts in writing, under penalty of law, when no other document proves them. For sick leave, that's a statutory declaration saying you were too sick to work on certain days. It's also used for things like confirming your identity or a relationship. Because a false declaration is a criminal offence, people and organisations can rely on it.

Does sick leave get paid out when you resign?

No, unused personal leave isn't paid out when you resign in Australia, unlike annual leave, unless your award, agreement or contract says it will be. It stays with you only while you work for that employer. So there's no benefit in saving sick days to cash in later, and no reason to work while unwell to protect them.

Can a doctor help with stat dec for sick leave?

Yes: a doctor is on the list of people who can witness a federal declaration on paper, so your own GP can witness one in person. A doctor can also give you a certificate instead, which is often stronger evidence for leave. A Medio doctor can review a short $19 questionnaire for a certificate where it's appropriate; the declaration itself is always yours to write and sign.

Can I complete a stat dec online?

Yes, you can complete a Commonwealth statutory declaration online in two ways. You can make a digital one in myGov, which uses your Digital ID instead of a witness, or sign the form electronically while an authorised witness watches over an audio-visual link. The person you give a digital declaration to can verify it by following the Attorney-General's Department's guidance on accepting one.

Can I use a statutory declaration for sick leave?

Yes, a statutory declaration is valid evidence for sick leave under the Fair Work Act when it would satisfy a reasonable person, unless your award or agreement says otherwise. It's most often accepted for a short absence when you couldn't see a doctor. The same goes for carer's leave: for a carer, using a stat dec works best when the person they care for wasn't ill, such as when a school closes suddenly.

Can I use myGov to create a stat dec for sick leave?

Yes, you can create a federal statutory declaration in myGov if you have a Digital ID at the required strength. You write your statement, confirm it, and download the finished declaration to give your employer. To write one for sick leave, state the dates you were unwell, that you were unfit for work, and briefly why you didn't see a doctor, if that applies.