Medical certificate as proof of incapacity

It is almost a certainty that at some stage an employee will become ill, or is unable to attend work due to a medical condition or procedure. In some instances, an employee may be unfit to work for weeks, for example when an employee must undergo a major surgery.

Section 23 of the Basic Conditions of Employment Act

Under South African law an employee is required to submit a medical certificate in respect of absence from work under certain circumstances. The heading of Section 23 of the Basic Conditions of Employment Act (BCEA) is labelled “Proof of Incapacity” and provides that:

• An employer is not required to pay an employee in terms of Section 22 if the employee has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.

• The medical certificate must be issued and signed by a medical practitioner 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.

It is therefore imperative for employers to request that employees must submit a valid medical certificate if they are absent from work for the periods set out above. Should the employee fail to do so, the employer is not obligated to remunerate the employee in respect of the absence from work.

In some circumstances it may also lead to further disciplinary action against the employee who fails to hand in a valid medical certificate in terms of the employer’s disciplinary code and workplace policies, which set out the possible disciplinary actions and sanctions in related circumstances.

Information included on the medical certificate

The BCEA does not specify what information a valid medical certificate must contain, but the Ethical and Professional Rules of the Health Professions Council of South Africa (HPCSA) does provide some more guidance to employers regarding the issuing of a valid medical certificate. In terms of the HPCSA’s rules, the following information should be present on medical certificate:

• the name, address and qualification of the 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.

In the event that the abovementioned content does not appear on the medical certificate, the medical certificate may be invalid. However, before deciding to reject the validity of a medical certificate, an employer should conduct a thorough investigation and make the necessary enquiries from the employee and medical practitioner concerned, to confirm its validity.

This article is intended as general information and applies to 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 to your sector, contact the LWO on 086 110 1828.

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