As we are getting close to the change of season, we also know that there is usually a spike in employees’ absence due to being ill. This is also the time employers receive more sick leave requests and medical certificates. The question now arises, what is a valid medical certificate? Employers, and more likely employers in the countryside, often stumble upon a medical certificate issued by a professional nurse. Is this, then, a valid medical certificate?
Section 23 of the Basic Conditions of Employment Act states:
“23. (1) An employer is not required to pay an employee in terms of Section 22 if the employee has been absent from work for over two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.
(2) The medical certificate must be issued and signed by a medical practitioner or any other person certified to diagnose and treat patients and registered with a professional council established by an Act of Parliament.”
Taking Section 23 of the Basic Conditions of Employment Act into consideration, it is clear that an employee must be examined by a medical practitioner first and then secondly that it is the medical practitioner’s professional opinion that the specific employee is unfit and/or unable to continue and/or to attend to their duties for a particular time period.
What happens when an employee is then booked off sick by a professional nurse?
Professional Nurses with post-basic diplomas/additional qualifications who are registered as such are permitted to issue sick notes. They are viewed as competent to provide specialised nursing care in their field of practice.
It is important to note that these professional nurses can issue medical certificates/sick notes for a maximum of two (2) days as recommended.
Nurses who did not attend/obtain post-basic diplomas/additional qualifications are only allowed to issue attendance certificates. Employers must note that an attendance certificate does not declare that the employee is unable/unfit to attend to their duties and may view the days the employee was absent as an unpaid period.
This position was approved by a meeting held on the 29th of June 2021 by The South African Nursing Council (SANC).
These medical certificates must comply with Rule 15 from the Ethical and Professional Rules of the Medical and Dental Professions Board of the Health Professions Council of South Africa.
Rule 15(1) A practitioner shall only grant a certificate of illness if such certificate contains the following information, namely:
- the name, address and qualification of the practitioner;
- the name of the patient;
- the employment number of the patient (if applicable);
- the date and time of the examination;
- whether the certificate is being issued because 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;
- 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 their opinion based on an examination of the patient, the patient is unfit to work;
- whether the patient is totally indisposed for duty or whether the patient can perform less strenuous duties in the work situation;
- the exact period of recommended sick leave;
- the date of issuing of the certificate of illness; and
- a clear indication of the identity of the practitioner who issued the certificate, which shall be personally and originally signed by them next to their initials and surname in printed or block letters.
(2) If pre-printed stationery is used, a practitioner shall delete irrelevant words.
(3) A practitioner shall issue a brief factual report to a patient where such a patient requires information concerning themselves.
The above can then assist employers the next time they receive sick notes from their employees to determine whether the notes issued are valid and if they are then obligated to accept the sick note for the purpose of paying out sick leave.
Need more information on employee sick leave? Contact your nearest SEESA Labour Legal Advisor for expert advice. Alternatively, leave your details on our website, and a SEESA representative will contact you.
About The Author:
Alicia Oberholzer started her career at SEESA in 2018 as a Legal Advisor, assisting clients with Labour and BEE – related matters. She obtained her LLB Degree in 2016 at the University of the Free State. She was admitted as an attorney in the Free State High Court in 2018.
Resources:
- Basic Conditions of Employment Act 75 of 1997;
- SANC directive issued on the 30th of June 2021;
- Ethical and Professional Rules of the Medical and Dental Professions Board of the Health Professions Council of South Africa.