What the BCEA says about sick leave, medical certificates and when an employer may refuse to pay.
Sick leave disputes are common and avoidable. The Basic Conditions of Employment Act (sections 22 and 23) sets the minimum rules.
How much? In each 36-month sick leave cycle, an employee is entitled to paid sick leave equal to the days they would normally work in six weeks: 30 days for a five-day week, 36 for a six-day week. In the first six months of employment, the entitlement is one day's paid sick leave for every 26 days worked.
When can you ask for a medical certificate? If an employee is absent for more than two consecutive days, or on more than two occasions in an eight-week period, the employer may require a medical certificate before paying sick leave.
Who may issue it? A medical practitioner, or another person who is certified to diagnose and treat patients and registered with a professional council.
No certificate when required? The employer is not obliged to pay for that absence.
Put it in writing: a clear sick leave policy that explains the cycle, the certificate rules and the reporting procedure prevents most disputes. Apply it consistently; selective enforcement is what usually lands at the CCMA.
This article is general information, not legal advice for your specific situation. Speak to a MetaCo consultant about your organisation.