Learn when employers can require a medical certificate for sick leave in South Africa by law.

When may an employer insist on a medical certificate?

In an ideal world an employer should be able to trust employees who say they are too ill to work. This may be the case is in some workplaces.  Sadly, this is not always the case. And our law recognises the fact that there are chancers out there.

According to the Basic Conditions of Employment Act, an employer may insist on an employee providing a medical certificate if the employee has been absent for more than two consecutive days or on more than two occasions in an eight-week period.

If the employee cannot provide a medical certificate, then the employer does not have to pay the employee for the absence.

The employer may also take disciplinary action in certain circumstances, which is a discussion for another day.

But what if the employee is absent for a brief period, for example, only one day or maybe two days? May the employer insist on a medical certificate?

The point of departure is that the employee has to prove that there is a good reason for his or her absence, even if the employee is absent for a short period, let’s say one or two days. The only “good reason” that entitles the employee to paid sick leave is if they are too ill to work.

In certain circumstances, the employer may insist on a medical certificate.

But the answer is not always that straightforward and we suggest that you read the article in the link below.

https://labourwise.co.za/labour-news/medicalcertificate

For further assistance, contact us at https://labourwise.co.za/contact-us