South African businesses are increasingly dealing with absenteeism due to prolonged sick leave.<\/p>\n
According to Petrus Khumalo of SchoemanLaw, this helped by the fact that many employers are under the impression that they have to accept a medical certificate without questioning its authenticity.<\/p>\n
“However, when hours are lost as a result of absenteeism from work, it can be financially crippling for a company who is obligated to remunerate Employees while simultaneously not making any revenue during those days of absence,” he said.<\/p>\n
“In accordance with the Basic Conditions of Employment Act (BCEA), an employee who works five days a week is entitled to 30 days of paid sick leave in a 36-month cycle.”<\/p>\n
If an employee exhausts his\/her sick leave days prior to the expiration of the cycle, any sick leave taken will be unpaid sick leave, he said.<\/p>\n
“In most frequent cases, there seems to be a pattern by Employees of taking sick leave on a Monday or Friday.<\/p>\n
“The employer is entitled to ask the doctor to draft an affidavit as a sworn document that says ‘I saw this person and this person has a medical condition’.<\/p>\n
“The courts have gone even further and said if the employer doubts the affidavit, the doctor has to present him\/ herself to explain the information.”<\/p>\n
Khumalo said that this duty also stretches to Traditional Healers which are consulted by employees when they have taken sick leave.<\/p>\n
There only catch is that the Traditional Healer has to be a registered member of the Medical Council, he said.<\/p>\n