The right to sick leave arises only when the employee is unable to work due to incapacity, meaning an inability to work because of sickness or injury.
The leave cycle begins on the first day of employment or on completion of the previous sick leave cycle. Employees working a five-day week are entitled to a thirty days’ sick leave in a thirty-six month cycle; those working a six-day cycle are entitled to 36 days.
Sick leave is not pro-rated. An employee may take all of his sick leave at the beginning (or any other time) of the cycle.
An employer is not obliged to pay sick leave where an employee is absent for more than two consecutive days OR on more than two occasions during an eight-week period AND fails to produce a valid sick certificate.
Inform the employee in writing beforehand if intending to withhold payment because sick leave has expired and no annual leave is available.
Unless there is a history of isolated one-day absences, the employer is not entitled to demand a sick certificate for a single day.
A certificate must state the employee was unable to work for the duration of the absence because of sickness or injury.It should (the law states must) also state the date and time of the examination; whether certificate is issued as a result of personal observations during an examination or as a result of information given; whether able to perform light duties; exact period of recommended sick leave.
The certificate does NOT have to state the reason for the issue of the certificate (as in nervous breakdown, flu and so on).That would be a breach of confidentiality.
You may request the doctor to verify the details if you suspect the certificate is fraudulent or an abuse of sick leave.
If you suspect the doctor has acted dishonestly in issuing the certificate you can report him/her to the Health Professions Council of South Africa.
If an employee is entitled to compensation for disability (permanent or temporary) in terms of the Compensation for Occupational Injuries and Diseases Act, then the leave conditions of the Basic Conditions of Employment Act do not apply – other than those periods for which no compensation is payable.Leave would be special leave and compensation recovered from the relevant authority – such as the COID Commissioner.
Abuse of sick leave is misconduct – charges of abuse of sick leave or absence without leave.The issue of false certificates entails a charge of fraud or dishonesty.
An employee who falls sick whilst on annual (or any other) leave is not entitled to substitute those days with sick leave.
These guidance notes must be read in the context of legislation and case law. If in doubt consult with Focussed Outcomes.
If you found this of interest, you should also look at:
The Eight Week Rule
Sick but on Annual Leave? Can I Swap Between the Two?
Apologies for the delay, I have been ill myself.
Read my comments on the eight-week rule regarding continued absence. If there is a legal reason to demand a sick-note and he refuses to comply it would be insubordination. In any event you would be under no obligation to pay the employee for the period absent. Abuse of sick leave is misconduct.
Apologies for the delay, I have been ill myself.
Strictly speaking attending a clinic does not count but I suggest consideration be given to the surrounding factors. More impoverished staff do not have medical aid or easy access to Doctors.
A routine trip to a Doctor, dental or otherwise, would not be sick leave. The employee has to have been too ill to work to qualify.
Apologies for the delay, I have, ironically, been ill.
I am not sure I have enough detail here. Remember, an employee is only required to submit a sick note if he/she has been absent for more than two days or the eight-week rule applies. However, he is still required to submit sick leave application. The matter of attending his wife’s doctor does not qualify him for sick leave and may be treated as unauthorized leave and thus unpaid.
Apologies for the delay, I have been, ironically, ill.
The cause of the sickness, illness is irrelevant.
Dear Graham,
I am an owner of a small company and I require some advise regarding sick leave.
If an employee submits a medical certificate which states ” client attended clinic”. Does that qualify for sick leave? Nothing else is specified.
Does “dental treatment” also qualify for sick leave?
Your reply would be greatly appreciated.
Kind regards
Janine
Good day
I just want to know… An employee at our company felt a bit ill on Wednesday and went home @ 14:00. The following day, Thursday he went to the doctor with his pregnant wife, for a consultation.
for the Wednesday he didn’t bring in a sick certificate. For the Thursday he brought in a sick certificate, which states that he was with his wife at the doctor while she had her consultation.
My question to you is, should I pay him in full for those two days?
Regards
Karin
A staff member was involved in a car accident over the weekend, does one pay them from their sick leave if they bring a medical certificate and have sick days available to them – or does motor vehicle accidents not count and they have to claim from the road accident fund. Thank you
Hi.
It sounds as though the company may have embarked on an Incapacity Ill-Health enquiry due to your extended absence. Whilst the clinic should not provide information without your permission, a failure to co-operate with the enquiry could lead to adverse findings. The purpose of the enquiry is to see whether your condition is temporary or long-term.
Hope that assists.
I am an employee of a well-known Company. I went to a clinic on own request for post traumatic stress. on return to the office after 4 weeks with the proof of medical sick notes provided to the employer and on the first day, according to company policy, went to the company medical practitioner and was declared fit for normal duty. During my first day at the office the newly HR practitioner requested a full detailed report from the medical practitioner at the clinic to be able to make decisions concerning my future with the company. I do not need to disclose any information to her and feel intimidated.
Please give me guidance on the next step
Good day
A question regarding sick leave, we have a few persons at work that is misusing sick leave, one of them goes to clubs or just hang out with friends, we see that on the social media updates, and he never hands in a sick note(son of the manager). They always take 2 days sick leave and this happens every month, or at least 2 months. What can I do and what does the law says about this misuse of sick leave?
Hi Taz.
The company can, with your permission, ask the Doctor to verify the circumstances. They can also proceed to an incapacity enquiry to ascertain whether the circumstances amount to either a temporary or permanent illness or disability and consider whether you should be considered for dismissal on the grounds of incapacity: ill health.
Bear in mind a Doctor should only book an employee off work if the employee is unable to work. Work could involve ‘light duties’.
I do not have sufficient information to comment further.
Regards,
Graham
Hi Reza. The company is not obliged to pay you if you have exhausted your sick and annual leave. Whilst there might well be moral issues around informing you, there is no legal obligation to do so.
Regards,
Graham
Hi
Just a question – I have exhausted all my sick leave aswell as my annual leave and was hospitalised. when i returned to work it was payday the 25th and the time i was in hospital they booked my leave as unpaid and deducted it from my salary without my knowledge is this legal ?
Hi
I have been off work for a total of 7 days in a month due to a back problem … Can my company request a report from my dr that’s states if I am fit to work or not and for them to discuss a way forward ?
Your assistance is appreciated
Hi Heidi.
There is no stipulation in the legislation regarding time but I suggest that if one has worked for the majority of the day then no more than a quarter- or half-day should be deducted. It’s worth taking this up with your HR department.
Regards,
Graham
Afternoon
I would like to query a new company policy. If I go to work and am sick and only leave the office at 3pm after I have finished my work can they deduct a full days annual or sick leave. Please may you advise?
Regards
Heidi
Hi Irlene
I suggest you discuss with your HR department, but I would submit the sick leave application anyway as it reflects a proper reason for your absence. The company is not obliged to pay you for those days as your sick and annual leave has been used.
Regards,
Graham
hi there
I dont have any anuel or sick days leave due to me and need to go into hospital for a knee operation.
Should i be taking that day i go in as unpaid and if booked off after that.
Not sure how this work.
Please will you be sao kind and help me here.
thanks
Irlene
Hi Ano
Your comment is ambiguous but I gather you received a final written warning because you failed to do something whilst on sick leave. If so, the company cannot oblige you to work whilst on sick leave (assuming a medical certificate had been issued and the company were aware of the certificate).
If the company are not prepared to repeal the warning then you have ninety days to refer the matter to the CCMA as an unfair labour practice.
Regards,
Graham
Hi,
I need to find out something,
I recently recieved a FWW, of failure to adhere to work procedures and policies,
but on the 19th I recieved a phone call to phone a driver but I was booked of sick and was at hospital as the work knew this,
Is this valid as Iwas not on Duty?
Hi Eloise.
If you have a genuine sick note booking you of for a specific period of time, the employer cannot force you to work during that period.
Regards,
Graham
Hi Craigh.
A sick note indicates that one is unable to work through illness. The fact that you drove to Pretoria to spend time at a camp indicates you were not too ill to work. On the face of it, the employer appears,to have a legitimate issue.
Regards, Graham.
Hi, I need advise I went for a small operation to remove an an apses I had been booked off from 16th July-31 july I had my op on the 15th July. My employer is forcing me to come back and I am unable to do I have the right to not go back and only go back when the Dr said I should?
Hello Graham
Just a quick one i was terribly ill the friday morning early at about 01H30 i did not go in to work the Friday i went to the Doc at about 10:00 Friday morning and i had a very bad stomach bug and he booked me off till the Monday. i went home and proceeded to go to PTA that afternoon on a mens christiaan camp where i spent the day in bed there.
My Boss done a tracker report on my vehicle and saw that i was in PTA for the weekend does it matter were i spent my time recovering, at home in bed or in PTA in bed.
I gave her a official sick note from my GP and she is now saying she wants our HR Manager to be called in becuase she does not recognise my sick note from a qualified doctor that officially booked me off for the time in question, surely she cant tell me where and when i may be sick.
SHE NOW WANTS ME TO BE PLACED IN A HEARING.
Thanks i hope you can give me some advise.
GOD Bless
Craigh