Sick leave

[Yvonne]

Duncan, I have submitted a query as per your suggestion. Will advise when I receive a reply.
Thanks
Yvonne

[Yvonne]

Duncan, have not received a reply to my query:
Either they get too many questions to answer, or it was considered a "dumb" question, and they assume that common sense would prevail, (by asking the employee for a further sick note with the exact dates.!)

I just feel that as employers we are overly concerned about being taken to the C.C.M.A. that we need constant reassurance that we are not going to cause a dispute!

I for one am heartily tired of attempting to follow our labour consultants advice, it seems as if even the "experts" would rather go to extremes than be responsible for "politically incorrect" decisions.
Yvonne

[Dave A]

Labour Guide provides a 24 hour online advice & assistance service.

Maybe not

At times like these I hang onto that wonderful saying "This is Africa where it is easier to ask for forgiveness than to ask for permission."

I agree with you, Yvonne. Set your terms; it is at the very least justifiable. Open ended sick notes are simply not acceptable.

[duncan drennan]

Duncan, have not received a reply to my query:
Either they get too many questions to answer, or it was considered a "dumb" question, and they assume that common sense would prevail, (by asking the employee for a further sick note with the exact dates.!)

It is really unfortunate that they did not answer. One thing is for sure, your question is relevant and important - there is no need to feel it was a "dumb" question. I would think that they would jump at the opportunity to answer questions, as it is potential business for them.

Anyway...I agree with Dave here,

Open ended sick notes are simply not acceptable.

I'll try to find out some more about this...hopefully I can get something solid

[duncan drennan]

I'll try to find out some more about this...hopefully I can get something solid

Okay, I was having a look at this.....

Those rules that I quoted earlier, they are from the HPCSA's Professional Guidelines, so they are not law (in themselves), they just govern professional behaviour by medical professionals.

In terms of labour law I suspect that this is where we delve into the unknown territory of common law

I wouldn't jump in and just drop the employee's sick leave (as I don't know what classifies as a legally acceptable medical certificate, i.e. without some professional input I wouldn't like to test it in labour court). I would contact the doctor, and mention to him that,"...in terms of HPCSA Professional Guidelines, Rule 15(h) an exact period is required on a medical certificate. Would it be possible to reissue the certificate according to the ethical rules?" Bat eyelids, smile sweetly.

If they decide to be obstructive then refer to the HPCSA's website on how to lay a complaint.

[Yvonne]

Duncan,
To date, no reply received to my question, but my e-mail address is now on their mailing list!

Yvonne

[duncan drennan]

To date, no reply received to my question, but my e-mail address is now on their mailing list!

That really is frustrating Won't be recommending them again any time soon...

[labour]

Dear Yvonne
Kindly accept our apologies for not responding to your enquiry earlier.
Sick leave works in a three (3) year cycle. In terms of Section 23 of the Basic labour Relations an employee will qualify for one day sick leave for every 26 days worked during the first six (6) months of employment.
Please refer to Section 23 of the BCEA with regards to proof of incapacity.
Surely the reasons as indicated by you i.e. to take leave when an employee feels tired is totally unacceptable and must be dealt with in terms of your poor performance policy.

[Dave A]

Thanks for that labour. Great to have you here.

So basically, in terms of the information requirements for the medical certificate itself it needs only be signed by the person specified in section 23 (2).

23. (2) The medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.

Not much in terms of regulated requirements for the detail there by the looks of it.