Have you ever needed assistance or wondered how to proceed when an employee has a medical disability or the doctor has booked them off for a period and advised that they cannot return to work?
The below provides some assistance in understanding the process and options available.
Suppose an employee suffers from a mental or physical disability that renders them unfit to work for a period exceeding six months, the employee may be regarded as suffering from a medical disability.
A temporary medical disability pertains to a period between 6 and 12 months, with the medical disability prognosis exceeding 12 months to qualify the employee for permanent disability.
Legislation requires a medical incapacity enquiry to be held by the employer, where various matters are taken into consideration, including:
- medical reports and submissions are considered;
- if necessary, the medical practitioner can be called as a witness during the enquiry;
- the employee’s job description;
- the ability of the employer to accommodate the employee in another role (where applicable and possible);
- the employer may call witnesses should they deem it necessary;
- the employee may also call witnesses, should they choose to;
- any other relevant information or factors.
The enquiry will determine the employee’s medical prognosis and whether they are temporarily or permanently medically disabled to perform their job (or alternative position, is possible).
The Department of Labour, via the UIF portal, permits claims for medical incapacity, with specific documentation required for the applicant’s claim to be processed.
SASSA provides for claims for disability for medical reasons, subject to further criteria:
- where the employee is between the age of 18 and 59;
- the employee is not cared for by the state;
- the employee is in possession of a valid RSA ID;
- the employee does not earn or hold assets above the pre-determined thresholds;
- the employee provides medical records to prove the medical incapacity;
- the employee does not earn or hold assets above the prescribed threshold.
SEESA, as part of its legal services, will assist with the facilitation of an incapacity enquiry and the relevant documentation required for the employee to claim their disability.
Should you require assistance or advice, kindly call your SEESA representative. Alternatively, “SMS” the word “SEESA” to 45776 for a SEESA representative to contact you.
About the Author:
Carla Delaney started her career at SEESA in November 2019 and is currently a Labour and Consumer Protection & POPI Legal Advisor at SEESA’s De Aar branch. Carla is an Admitted Attorney, Notary and Conveyancer.
References:
- https://ufiling.labour.gov.za/;
- https://www.sassa.gov.za/Pages/Disability-Grant’
- https://www.gov.za/services/social-benefits/disability-grant