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Employees taking sick leave without valid proof of illness, or submitting fake documents, has become increasingly common.
Under section 23 of the BCEA, an employer may request a medical certificate as a condition for sick-leave payment when an employee is absent for more than two consecutive days, or on more than two occasions within an eight-week period. If the employee fails to provide the requested certificate in these circumstances, the employer is not required to pay for that absence, subject to the Act’s exception for employees living on the employer’s premises who need assistance obtaining a certificate.
In short: An employer may request a medical certificate before paying sick leave when an employee is absent for more than two consecutive days, or on more than two occasions within an eight-week period. The certificate must be issued and signed by a practitioner registered with a statutory professional council, and must confirm the employee was unable to work. If a certificate looks suspicious, check the practitioner’s details, practice number and dates, and contact the practice to confirm it is genuine.
What is a medical certificate?
A medical certificate (sick note) confirms that the employee was unable to work because of sickness or injury. Under section 23 of the BCEA, it must be issued and signed by a medical practitioner, or another person certified to diagnose and treat patients who is registered with a professional council established by an Act of Parliament. Practitioners registered with the Health Professions Council of South Africa (HPCSA) under the Health Professions Act 56 of 1974 include:
- Doctors registered with the HPCSA.
- Dentists registered with the HPCSA.
- Psychologists with a master’s degree in educational, counselling, or clinical psychology, registered with the HPCSA.
Unsure whether a sick note meets the BCEA requirements? Speak to a SEESA Specialist.
Can employers accept clinic cards or sick notes issued by nurses?
A clinic attendance card and a medical certificate serve different purposes. An attendance card generally confirms that an employee visited a clinic; it does not necessarily establish that they were unable to work.
Under section 23 of the BCEA, a medical certificate must confirm that the employee was unable to work because of sickness or injury for the duration of their absence. It must be issued and signed by a medical practitioner, or another person certified to diagnose and treat patients who is registered with a professional council established by an Act of Parliament.
Certain suitably qualified professional nurses may issue sick notes. The South African Nursing Council recognises professional nurses with specified additional qualifications and registration for this purpose. Its guidance recommends a maximum of two days, with referral for further medical management if the condition does not improve. Nurses without the required additional qualifications may issue attendance certificates. Employers should check the issuing nurse’s qualifications and registration rather than reject every nurse-issued certificate.
What about certificates from traditional health practitioners?
Assess the practitioner’s statutory registration, authority to diagnose and treat, and the certificate’s contents against section 23. Membership of a voluntary association alone does not satisfy the statutory registration requirement.
Requests involving cultural or religious practices may also raise considerations beyond ordinary paid sick leave. Employers should obtain specialist guidance before rejecting such a request or taking disciplinary action.
What is a fake medical certificate?
A fake medical certificate is usually bought from a third party and contains fraudulent or altered details. Employers should check for the following:
- Does the doctor’s location align with the employee’s details?
- Do the stamp details (e.g., practice number and contact information) match the letterhead?
- Is the doctor’s contact number active? Does someone answer when you call?
- Does the PR or practice number belong to the doctor listed?
- Are there signs of tampering? Doctors typically do not amend dates. If changes are needed, they will issue a new certificate or sign next to any corrections.
- Do the abbreviations or credentials match recognised medical qualifications?
- Are the dates accurate? Look out for:
- Non-existent dates (e.g., 31 September).
- Future-dated certificates (e.g., sick leave for 8–9 April 2024 but signed on 20 December 2024).
If you are still unsure, contact the medical practitioner directly. They cannot disclose private information but can verify whether the certificate is authentic and if the employee attended their practice.
How can SEESA help?
SEESA supports South African employers in managing sick leave and medical certificates correctly through its Labour Law services.
Speak to a SEESA Specialist about medical certificates and sick leave in your workplace.
Frequently Asked Questions
Under section 23 of the BCEA, an employer may request a medical certificate as a condition for sick-leave payment when an employee is absent for more than two consecutive days, or on more than two occasions within an eight-week period. If the requested certificate is not provided, the employer is not required to pay for that absence, subject to the exception for employees living on the employer’s premises.
A medical practitioner, or another person certified to diagnose and treat patients who is registered with a professional council established by an Act of Parliament. The certificate must confirm that the employee was unable to work because of sickness or injury for the duration of the absence.
Certain suitably qualified professional nurses may issue sick notes. The South African Nursing Council recognises professional nurses with specified additional qualifications and registration for this purpose, and recommends a maximum of two days. Employers should check the issuing nurse’s qualifications and registration rather than reject every nurse-issued certificate.
No. A clinic attendance card generally confirms that an employee visited a clinic; it does not necessarily establish that they were unable to work.
Check that the practitioner’s location makes sense for the employee, that the stamp and practice number match the letterhead and the named practitioner, that the contact number works, that the credentials are recognised qualifications, and that the dates are real and not altered or future-dated.
Yes. The practitioner cannot disclose the employee’s private medical information, but can confirm whether the certificate is authentic and whether the employee attended the practice.
This article provides general information and does not constitute legal advice. Requirements may differ according to the employer’s industry, collective agreements and circumstances.
About the author:
Isaivani Govender, Labour Legal Advisor (LLB, CHRM)