sick leave and medical certificates
Sick Leave - How much sick leave is an employee entitled to, when do you have to provide a medical certificate and what happens when medical certificates are obtained under false circumstances. Do you have to provide a medical certificate if you take sick leave on a Monday and Friday or the day before or after a public holiday?
How much sick leave is an employee entitled to?
An exception to the above rule is that during the first 6 months of employment, an employee is only entitled to one days paid sick leave for every 26 days of work.
What is a medical certificate?
A medical certificate is a document issued by a person who is certified to diagnose and treat patients and who is registered with a professional council.
when may an employer request a medical certificate?
- The employee has been absent from work for more than two occasions during an 8 week period.
- If on request of the employer the employee is not able to produce a medical certificate stating that the employee was unable to work for the duration of the employees' absence due to sickness or injury.
The employee would have to produce a medical certificate on the third day to receive pay for the 3 days.
medical certificates obtained under false circumstances
- Name, address and qualification of the medical practitioner
- Name of the patient
- Employment number of the patient
- Date and time of the examination
- Whether the certificate is issued as a result of personal observation or as a result of information received from the patient
- Description of the illness ( the patient may withhold consent to declare illness)
- Capacity to which the patient is able to perform duties or perform less strenuous duties.
- Exact period of sick leave and date of issuing certificate
- Clear identity of the medical practitioner who issued the certificate which must be personally signed by the practitioner.
Where employees visit practitioners on the third day of illness and the doctor completes the sick note ''I was informed of the sickness by the patient'', the employer does not have to accept or honor this certificate, and may regard time taken off as unpaid leave.
It is important to note that only and employee who is genuinely too sick to work, may claim sick leave. If the employer is able to prove that the employee was not sick, disciplinary steps may be taken against the employee.
Absent on a friday or monday or day before or after a public holiday
May an employer require a medical certificate when the employee is absent on a Friday or on a Monday, or the day before or after a public holiday?
It is important to note that sick leave may not run concurrently with annual leave.
Be ethical and honest when taking sick leave, taking sick leave under false circumstances may lead to an employer taking disciplinary action against an employee and can even result in dismissal.
Kontak Recruitment is a leading recruitment agency in South Africa
Sick leave in South Africa
Medical Certificate in South Africa
What is sick leave?
Valid medical certificates?
how much sick leave am I allowed to take?
When can i take sick leave?