Management and HR in South Africa often overlook the “Eight-Week Rule” when dealing with employees who take frequent sick leave but less than three days at a time (for which they are not obliged to produce a sick ccertificate).
Section 23 of the Basic Conditions of Employment Act states “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 occassions during an eight-week period and, on request by the employer, does not produce a sick certificate stating that the employer was unable to work for the duration of the employee’s absence on account of sickness or injury.”[My emphasis].
When you suspect an employee is abusing sick-leave advice him or her in writing that you intend to invoke the above clause. For instance, following the next single sick-day remind the employee of the eight-week rule and that during the following eight-week period you will monitor sick-leave and request a sick certificate should the employee take in excess of one more sick occurrance.
It may well make system abusers think twice and, if they don’t, the employer is entitled to withold the appropriate wages. Some clients write the clause into their employee’s Letters of Appointment. Note, though, you cannot withhold payment of wages and insist on them taking a day’s sick leave.
Further information on sick leave in South Africa is available on this site at:
Sick Leave – Guidance
Sick but on Annual Leave? Can I Swap Between the Two?
Hi Stephen.
The eight week rule applies to all workers.
Regards, Graham
Hi, I was absent from work with hayfever about 3 weeks ago. but now this week I hurt my back and had to take off. My employer is insisting on a sick certificate. I did not go see the doctor. Is this 8 week rule not only for government workers? because he is saying that he has the right to make it unpaid?
Hi – sorry for the delay but I have had sick issues of my own
If you had a valid medical certificate stating you were unable to work then the employer cannot withhold payment. If you merely attended the hospital that is likely to be seen as a consultation. Because you were able to work it would not be a valid cause for a medical certificate.
Hope that assists.
I was not paid for monday, after I told me employer
that I will be going to hospital well in advance. My
Employer recorded it on my file. I did not return to
Work on the same day but the next day. I was off sick
With a certificate stating I was off for thursday and
Friday the week before. The only other time I was off
Was another monday on which I went to clinic, and not
Again within the ‘eight-weeks’ . Did my employer have
The right to with hold my days payment?