Sick notes: What does the law say about the form they should take?

of Employment Act sets out the requirements that a sick note must fulfil. This section states as follows:

“The medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.”

Thus, the requirements of a sick note are that:

● The medical certificate must state that the employee was unable to perform his/her duties owing to illness or incapacity;

● It must be given by a medical practitioner or an individual who is certified to treat patients, such as a physiotherapist. He or she must have personally examined the employee and the certificate must state as much. If the medical certificate states something to the effect of “the patient told me that he had been ill” this is not valid;

● The medical practitioner must sign this note; and

● The medical practitioner must be registered with the Health Professions Council of South Africa (HPCSA).

If you suspect abuse of sick leave in your organisation, you, the employer, are entitled to contact the medical practitioner who issued the sick note for a particular individual. He or she will have to tell you that they examined the employee personally. However, they may not tell you what they diagnosed the employee with.

This is confidential and the medical practitioner is not allowed to disclose this. The issue of sick leave and the use thereof by employees is a matter that must be managed by employers. The law allows employers to manage this issue. ‘Til next week!

Jonathan Goldberg is CEO of Global Business Solutions