It’s that time of year again when many of us suffer from colds, flu and other winter-related illnesses. But do you know under which circumstances you should present a sick note for leave? Here is some information to help clarify your position.
Rule #1: A medical certificate must be issued and signed by a medical practitioner who is currently registered with a professional council established by an act of parliament.
Rule #2: Your employer can request a medical certificate if you have been absent for more than two consecutive days, that is, from the third day onwards, or if you take a day sick leave more than twice in eight weeks. If you cannot present a valid sick leave note for these circumstances, your employer does not have to pay you for these days.
Rule #3: When a lot of people in your company take sick leave, your employer may include clauses in your terms of employment that requires an employee to produce a sick certificate under certain circumstances, for example when sick leave takes place on a Friday or Monday.
Rule #4: Your employer has the right to question a sick certificate, especially if there is reason to believe that you have not really been ill.
Rule #5: Sick leave works on a three-year cycle, that is, a total of six weeks during the three years. During the first six months of employment you may take one day sick leave for every 26 days worked.
Rule #6: After you’ve worked at least four months for your employer (and at least four days a week), you may take three days paid family responsibility leave for each year of employment. This type of leave may be used when your child is born, when your child is sick and on the death of your spouse, life partner, parent, adoptive parent, grandparent, sibling, child or adopted child. Your employer may request proof such as a doctor’s letter for a sick child or a death certificate.
Rule #7: Normally you cannot exchange normal leave for sick leave when you fall ill during your normal leave. Some employees, however, have in-house arrangements for these cases.
Remember that the note must state that you are/were unable to perform your normal duties because of illness (or an injury); and that a diagnosis was based on the professional opinion of the doctor.
Sources
Nel, JK. Seven facts that you must know now about sick notes. Retrieved from http://www.hrpulse.co.za/legal/legal-opinion/228973-7-facts-that-you-must-know-now-about-sick-notes
Sick leave. Retrieved from http://www.mywage.co.za/main/decent-work/work-and-illness/sick-leave
(Revised by M van Deventer)