Employers in South Africa have long faced challenges related to the misuse of sick leave and fraudulent activities related to the acquisition of sick leave certificates. A recent case, Woolworths (Pty) Ltd vs Commission for Conciliation, Mediation, and Arbitration (CCMA) and Others (JA90/22) [2024] ZALAC 29, sheds light on how such issues should be approached. [...]
A medical practitioner's medical certificate must fulfil specific requirements to be deemed a lawful medical certificate. The certificate should state that the employee is unable to perform their work duties due to sickness or injury. The medical certificate is required to be signed by a medical practitioner or any other person who is certified to [...]
The best place to start dealing with sick leave abuse as an employer is to understand what the Basic Conditions of Employment Act (BCEA) states regarding sick leave. Section 22 of the Basic Conditions of Employment Act stipulates that: “Sick leave cycle” means the period of thirty-six (36) months of employment with the same employer [...]
From time to time, shortly after an employee returns from their annual leave, they furnish their employer with a medical certificate stating that they spent a period of their leave being sick. The question is, how does an employer deal with this situation going forward? Section 22(1) to 22(4) of the Basic Conditions of Employment [...]
Most employers believe that if the employee produces a medical certificate as justification for a period of absence that the employer is bound to accept it and is bound to pay the employee for the period of absence. However, where the employer suspects foul play, the employer is entitled to contact the employee’s medical practitioner [...]
The startling news that an official case of Coronavirus (COVID-19) had been confirmed in South Africa came as a shock to most. Since then, the number of confirmed cases has increased and appears to be on the increase daily. As a consequence of the now-called pandemic, employers are finding themselves in unchartered territory in terms [...]
Socio-economic circumstances in South Africa deny the greater population access to private medical practitioners. The result is that people are reliant on clinics for medical attention where the employee is provided with a medical certificate which is, more often than not, signed by the clinic nurse. This poses an exceedingly frequent question amongst employers i.e. [...]