Sick leave

[duncan drennan]

I also note that the medical certificate does not have to specify the nature of sickness or injury

I found the guidelines for a medical certificate on Labour Guide's website (they have a really nice newsletter worth subscribing to as well).

Basically the medical certificate rules are laid out in Health Professionals Council of South Africa's (HPCSA) professional rules. Some of them are,

(d) the date and time of the examination;
(e) whether the certificate is being issued as a result of personal observations by the practitioner during an examination, or as the result of information received from the patient and which is based on acceptable medical grounds;
(f) a description of the illness, disorder or malady in layman's terminology with the informed consent of the patient:: Provided that if the patient is not prepared to give such consent, the medical practitioner or dentist shall merely specify that, in his or her opinion based on an examination of the patient, the patient is unfit to work;
(g) whether the patient is totally indisposed for duty or whether the patient is able to perform less strenuous duties in the work situation;
(h) the exact period of recommended sick leave;

For further info see "Medical Certificates" by Derek Jackson on Labour Guide

[Yvonne]

Would this mean that a certificate with the from date specified but the To: date entered as "until further notice" is not an "acceptable" sick note, and requires a second note stating the "To" date?

Yvonne Symons

[duncan drennan]

Would this mean that a certificate with the from date specified but the To: date entered as "until further notice" is not an "acceptable" sick note, and requires a second note stating the "To" date?

The way that I read it, yes - but why not submit a free online query to labour guide and see what they say?

Then just let the rest of us know

[Dave A]

Would this mean that a certificate with the from date specified but the To: date entered as "until further notice" is not an "acceptable" sick note, and requires a second note stating the "To" date?

What happens if the further notice never comes...

I'm amazed that a doctor would even issue such a note. Rather set a defined period and then extend it if needed after another consultation.

[Graeme]

Years ago in local government when I made a big fuss about the use of the term "Myalgia" because it was too vague, two things happened: I got a rap on the knuckles from the City Medical Officer of Health, and the group of doctors who were using the term stopped doing so and switched to using more precise descriptions.

[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.