Sick Leave - frequently asked questions

How does sick leave work?
It works on a 3 year annual cycle during which an employer is entitled to sick leave equal to the number of days he normally works in a 6 week period.
During the first 6 months of employment an employee is only entitled to 1 day's sick leave for every 26 days worked.

Is a sick note from a traditional healer valid?
Yes – provided the healer is duly registered with a professional council.

Can an employer question a sick leave certificate?
Yes – provided there are reasonable grounds for believing that an employee might not have been sick. An employee being regularly sick on Mondays and Fridays would justify an employer questioning the validity of medical certificates.

What happens when an employee needs to stay at home to look after a sick child?
If employed for longer than 4 months and works at least 4 days a week an employee may take 3 days paid family responsibility leave each year. Family responsibility leave also apples when a child is born, the death of a spouse or life partner, parent, sibling or child.

When is a sick leave certificate required?
An employee must produce a medical certificate if sick leave has been taken for more than 2 consecutive days. An employer can insist in a certificate where an employee has taken sick leave more than 2 times in any eight week period.

What about visits to a clinic?
Employees are entitled to sick leave for visits to clinics is it has something to do with illness.

How does one deal with abusive sick leave?
Medical certificates should be checked and confirmed with the relevant medical practitioner.

The following should be contained in the format of a policy:

• Employees should be informed that abuse of sick leave is seen as a serious matter and will warrant dismissal.
• The employer should not pay an employee for periods when medical certificates are required.
• Employees who are absent from work on a Monday, Friday or the day preceding or following a public holiday must submit a medical certificate.
• Medical certificates will not be accepted if:
  
  • it is backdated
  • it does not contain the medical practitioner's full names, address and contact phone numbers.
• Employees should inform the employer if their absence before 10am on the first day.

Bruce Lyle | Membership Services Manager