Sick leave
When is sick leave due?
Is it paid or unpaid leave?
Firstly, is paid sick leave due? If yes, you must determine whether a medical certificate is needed.
- A medical certificate has to be presented if an employee is absent from work on more than two occasions or more than two consecutive working days within an eight-week period.
- A medical certificate is not needed if an employee is absent from work on one, or two occasions where the period of absence is for two or less working days within an eight-week period.
If paid sick leave is not due, there are two options:
- you can process it as unpaid leave; or
- you can process it as paid leave and deduct it from the employee’s annual leave (if the employee agrees to it).
When is a medical certificate valid?
A medical certificate must state that the employee was unfit to work. It is not a valid medical certificate if it only states that the employee attended the clinic, as that will only prove where the employee was that day, but not entitle the employee to paid sick leave.
A medical certificate may only be issued by a:
- medical practitioner;
- clinic nurse practitioner;
- traditional healer (registered with the Traditional Healers Association);
- community health worker;
- psychologist; or
- any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament; or
- any other health professional authorised to diagnose medical conditions.
What information should appear on a medical certificate?
Ethical Rules of Conduct for Practitioners registered under the Health Professions Act, provides the following , the following information should be present on medical certificate:
- the name, address and qualification of such practitioner;
- the name of the patient;
- the employment number of the patient (if applicable);
- the date and time of the examination;
- whether the certificate is being issued as a result of personal observations by such practitioner during an examination, or as a result of information which has been received from the patient and which is based on acceptable medical grounds;
- a description of the illness, disorder or malady in layman’s terminology with the informed consent of the patient: Provided that if such patient is not prepared to give such consent, the practitioner shall merely specify that, in his or her opinion based on an examination of such patient, such patient is unfit to work;
- whether the patient is totally indisposed for duty or whether such patient is able to perform less strenuous duties in the work situation;
- the exact period of recommended sick leave;
- the date of issue of the certificate of illness; and
- the initial and surname in block letters and the registration number of the practitioner who issued the certificate
What is the employer’s rights and responsibility?
An employer has the right to issue an employee with a warning as per the employer’s disciplinary code if an employee:
- fails to inform the employer of his/her intended absenteeism or sick leave; or
- does not present a medical certificate when obliged to do so. In this case the employer can issue the employee with a warning and has no obligation to pay the employee for days he was absent and had not presented a medical certificate for.
This article is intended as general information applies employers and employees who fall under the scope of the Basic Conditions of Employment Act (BCEA). To ensure that you as an employer are aware of the correct provision applicable in your sector, contact the LWO on 086 110 1828.
IS YOUR BUSINESS LABOUR-COMPLIANT?
FIND OUT NOW.