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. [...]
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 [...]
As per Section 20 of the Basic Conditions of Employment Act (BCEA), an employer should grant an employee at least twenty-one (21) consecutive days annual leave on full remuneration in respect of each annual leave cycle. The BCEA states that the provisions for annual leave do not apply to an employee who works less than [...]
Whilst government has made it clear that it does not intend on making Covid19 vaccination compulsory for citizens of our country, it remains to be seen how factors such as the availability of the vaccine and the possible mutation of the virus would impact this position in the years to come. With government implementing its [...]
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 [...]
President Cyril Ramaphosa announced a nationwide lockdown for 21 days, during this period all employees, except for a few categories, will have to stay at home. This raises various questions regarding an employee’s sick leave entitlement during lockdown. The Department of Employment and Labour issued a short Directive on COVID-19 regarding the implications on [...]
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. [...]