Do your employees suffer from chronic Friday or Monday flu? Are they ill every other weekend and never hand in a sick note because it was only one day? What about that “clinic note” handed in, confirming a check-up, which resulted in a claim for paid sick leave at the end of the month? What about the medical certificate which was issued a day before the employee’s return from being ill for a week. And then there is also the occasional medical certificate that is completely illegible, from a strange doctor, and from a strange area, which is not even close to the employee’s home or workplace.
What are your rights with regards to accepting or refusing medical certi ficates and requiring one for the Monday or Friday flu?
If an employee is off sick for more than 2 consecutive days, OR for one day, but on 2 or more occasions in an 8 week period, you are entitled to request a medical certificate. An employer also has the right to refuse a medical certificate if the certificate is not valid. A medical certificate is only valid if:
• It states that an employee was UNFIT TO WORK for the duration of the employee’s absence on account of SICKNESS or INJURY; and
• It is issued and signed by a medical practitioner or another person who is certified to diagnose and treat patients AND who is registered with a professional council established by an act of parliam ent.
A medical certificate stating that the employee(patient) informed the doctor of his illness or that the doctor “saw” the patient, will not suffice, as the practitioner did not declare, in his professional opinion, that the employee(patient) WAS UNFIT TO PERFORM HIS DUTY – thus, unpaid leave. Clinic notes will also only be valid, if signed by a medical practitioner authorised to make a diagnosis and not if signed by the nurse or only stamped by the clinic. Check-ups, fetching of medicine, tests and examinations will not enable the employee to claim for paid sick leave, as it does not render him UNFIT TO PERFORM HIS DUTIES DUE TO ILLNESS OR INJURY – again, unpaid leave.
Unfortunately, the last-day-of-illness medical certificate has to be accepted if the medical professional s tated that, in his opinion, the employee (patient) was unfit to fulfil his duties due to illness. In this instance, warn the employee that in future, a medical certificate has to be obtained sooner than the last day of illness.
A Medical practitioner will be a doctor, dentist, psychologist with a Master degree, registered at the HPCSA, or if the practitioner is registered in terms of the Allied Health Services Profession Act.
Altered certificates will of course be rejected from the start, as well as illegible certificates.
The Health Professions Council of South-Africa’s (HPCSA’s) guidelines for a medical certificate shortly state that:
• it has to stipulate the name, address and qualifications of the medical practitioner,
• name of the patient, date and time of the exam,
• if the diagnosis was made in his professional opinion or if the patient informed him of the illness,
• the illness itself,
• if the patient is totally or partially unfit for duty and
• the recommended period of sick leave.
The patient has to consent to the details of the illness being stated in the medical certificate, and if withheld, a simple “illness” is sufficient.
Employers must also take into consideration that if they signed a collective agreement which states that medical certificates from traditional healers will be accepted, employers will have to accept these certificates.
If an employer normally accepted medical certificates from a traditional healer, the employer will be forced to accept similar medical certificates in the future.
Fraud is common practise when it comes to medical certificates. Take the time to phone the suspicious practitioner and confirm the appointment when in doubt. You’ll be amazed how often these practitioners don’t e xist or ever heard of the employee.
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