Over the last couple of years, we have seen an incline in the number of people resorting to false medical certificates. In this day and age, an employer cannot simply rely on the fact the all medical certificates submitted to him/her are authentic.
How does it work?
In most cases, the employee would have purchased the medical certificate from a third party who is not a Medical practitioner.
The employee would stay away from work and, upon return, knowingly submits a false medical certificate. The HR personal files it away, and the employee is granted “sick leave”.
The Basic Conditions of Employment Act 75 of 1997 states under Section 22(2). During every sick leave cycle, an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of 6 weeks.
If the employee is granted “sick leave” upon submitting a false medical certificate, it ultimately means that the employee would receive remuneration that he/ she is not entitled to.
The rights of an employer.
The employer has a right to inspect all the medical certificates that they suspect to be falsified. It is at this point where the employer will conduct an investigation. The first point of reference is to call the practitioner whose name appears on the medical certificate. The practitioner or his/her assistant will be able to verify if the employee has been to see them on those days that appear on the medical certificate or not.
Other important information that the employer may inspect during his/her investigation is the practice number of the medical practitioner, the dates depicted on the medical certificate as well if the medical certificate has been stamped.
When the employer has completed his/her investigation, the employee may be charged, and a disciplinary hearing may be held.
During the hearing, the employer would have to prove that:
a) The medical certificate is false;
b) The employee knew at the time when he handed the medical certificate in that it was false;
c) The employee submitted the medical certificate in order to deceive his/her employer into believing that it was a genuine medical certificate.
If the employee is found guilty of this misconduct, the employee may be dismissed as submitting a false medical certificate is akin to gross dishonesty and directly affects the trust relationship between the employer and employee.
Contact your SEESA Legal Advisor for any labour related queries that you might have, alternatively, please leave your contact details on our website.
About The Author:
Nontuthuko Ngcobo started her career as SEESA in 2020 and is currently a Labour Legal Advisor. She obtained her Bachelor of Laws from the University of KwaZulu-Natal in 2016.
References:
- Basic conditions of Employment Act