Getting sick is never convenient, but knowing your rights makes the process less stressful. Whether you’re an employee wondering how many sick days you’re entitled to or an employer trying to manage workplace absences fairly, understanding South Africa’s sick leave rules can prevent confusion and disputes.
This guide breaks down everything you need to know about sick leave entitlements, medical certificates, and what makes a sick note valid in the eyes of the law.
Key takeaways
- Most employees can take paid sick leave equal to six weeks of work in a 36-month cycle
- In the first six months, you accrue one day per 26 days worked
- A medical certificate is required if you’re off more than two consecutive days or more than twice in eight weeks
- Certificates must be signed by a registered practitioner and show incapacity dates
- Traditional healer notes may be valid if the healer is registered and the note meets legal standards
- Employers must handle medical information confidentially and apply policies fairly
- Both parties should document everything to prevent disputes
Your sick leave entitlement – the basics
South African labour law is clear about sick leave. Most employees are entitled to paid sick leave equal to the number of days they would normally work in six weeks, within every 36-month cycle. This means if you work five days a week, you get 30 days of paid sick leave over three years.
Building your sick leave in the first six months
Starting a new job? During your first six months of employment, you don’t have access to the full sick leave entitlement straight away. Instead, you accrue one day of sick leave for every 26 days you work. Once you’ve completed six months, the full 36-month cycle kicks in, and you’ll have access to your complete sick leave allocation.
Example: If you start work on 1 January and work five days a week, by the end of your first month you’ll have accrued roughly one day of paid sick leave. By the time you reach your six-month mark, you’ll have built up about five days.
When do you need a medical certificate?
Not every sick day requires a doctor’s note. South African law strikes a balance between trusting employees and protecting employers from abuse. You’ll need to provide a valid medical certificate in two specific situations:
- When you’re absent for more than two consecutive days – If you’re off sick Monday through Wednesday, you’ll need a certificate.
- When you’ve been absent more than twice in an eight-week period – Multiple short absences can trigger the requirement, even if each absence is only one day.
These rules give employees flexibility for minor ailments like a cold or stomach bug, whilst ensuring that extended or repeated absences are properly documented.
What makes a medical certificate valid?
A medical certificate isn’t just a note scribbled on letterhead.
To be considered valid for paid sick leave purposes, a medical certificate must include several key elements:
Essential information
- Practitioner details – The healthcare provider’s name, practice information, and most importantly, their professional registration number.
- Statement of incapacity – A clear statement confirming you were unable to work due to sickness or injury. Vague wording like “patient visited today” isn’t sufficient.
- Exact dates – The specific dates you were unable to work must be stated. Where relevant, the date of examination should also be included.
- Signature – The certificate must be signed by the registered practitioner who assessed you.
Why these details matter
These requirements aren’t just bureaucratic red tape. They protect both parties: employees get legitimate absences recognised and paid, whilst employers can verify that certificates are genuine and issued by qualified professionals.
Traditional healer certificates – are they valid?
This is a question that causes confusion in many workplaces. The answer is yes, but with conditions.
Traditional healers may issue valid sick notes if they meet two key criteria:
- They must be registered with the relevant council under applicable legislation
- Their certificate must meet the same legal standards as any other medical certificate
If a traditional healer is not registered, employers may lawfully decline to accept their certificate for paid sick leave purposes. This doesn’t reflect on the value of traditional healing—it’s simply about maintaining verifiable standards for paid workplace absences.
For employees – protecting your sick leave rights
Getting it right
- Keep your certificates complete – Make sure every required detail is included before you submit it to your employer. A missing registration number or unclear dates can cause unnecessary delays.
- Submit promptly – Don’t wait until you return to work. If possible, notify your employer as soon as you know you’ll need to be off and arrange to get the certificate to them quickly.
- Be honest – Never alter dates, use certificates from unregistered practitioners knowing they’re unregistered, or try to backdate documentation without a legitimate explanation. These actions can lead to unpaid leave and even disciplinary action for misconduct.
Common pitfalls to avoid
- Certificates with vague wording that don’t clearly state you were unable to work
- Notes from unregistered practitioners
- Missing or incorrect dates
- Unsigned certificates or missing registration numbers
For employers – verification and fairness
Your rights
Employers have a legitimate interest in managing workplace absences and ensuring sick leave isn’t abused.
You can:
- Request certificates in line with the legal triggers (more than two consecutive days or more than twice in eight weeks)
- Verify authenticity by checking the practitioner’s registration with the appropriate professional council
- Withhold payment when required proof is not provided or when certificates don’t meet legal standards
Your responsibilities
- Handle health information confidentially – Medical certificates contain sensitive personal information. Keep copies secure and limit access strictly to those who need to know.
- Apply policies consistently – Don’t single out certain employees or reject certain types of certificates without proper verification. Check registration status before declining any certificate.
- Document your decisions – Keep clear records of why you accepted or rejected any sick leave request and the accompanying documentation.
- Avoid blanket refusals – Don’t create policies that automatically reject certificates from certain types of practitioners. Each certificate must be assessed on its merits, particularly its compliance with registration requirements.
Income protection whilst you recover
The purpose of sick leave is to ensure you’re not financially penalised for being genuinely ill or injured. This protection allows you to focus on recovery without the stress of lost wages hanging over you.
For employers, the system provides clear rules that help manage absence fairly whilst giving you tools to address potential abuse through the certificate requirements.
Special considerations
Public sector employees
If you work in the public sector, you may have access to additional incapacity leave provisions once your ordinary sick leave is exhausted. These rules vary by department, so check your specific departmental policy or speak with your HR representative.
Patterns of absence
Whilst the law sets minimum triggers for requiring certificates, employers may implement reasonable policies to monitor patterns of absence—such as frequent Monday or Friday sick days. However, any such policies must be applied consistently across all employees and properly documented.
FAQ: Sick leave and medical certificates in South Africa
How many sick leave days do I get?
You’re entitled to paid sick leave equal to the number of days you work in six weeks during a 36-month cycle. If you work five days a week, that’s 30 days over three years. In your first six months with a new employer, you accrue one day for every 26 days worked.
When must I bring a medical certificate?
When you’re off for more than two consecutive days or on more than two occasions in an eight-week period, your employer can require a valid certificate for paid leave.
What must a valid medical certificate show?
It must be issued and signed by a registered practitioner, include their registration details, confirm you were unfit for work, and state the exact dates of incapacity.
Are traditional healer notes accepted?
They may be accepted if the healer is registered under the applicable law and the certificate meets the usual standards. Without registration, employers may lawfully decline payment.
Can my employer contact my practitioner?
They may verify authenticity and registration, but must handle your health information confidentially and only share it on a need-to-know basis.
What happens if I don’t provide a certificate when required?
Your employer may lawfully withhold payment for those sick days. Repeated failures to provide required documentation could also lead to disciplinary action.
Can I be dismissed for taking sick leave?
No, you cannot be dismissed simply for taking legitimate sick leave. However, you can face disciplinary action for abusing sick leave (such as submitting false certificates) or for excessive absenteeism if it reaches the point where you can no longer fulfil your job requirements.
Final thoughts
Understanding sick leave rights and responsibilities creates a healthier workplace for everyone. Employees gain peace of mind knowing they won’t lose income when genuinely ill, whilst employers can manage absences fairly and consistently.
When in doubt, communicate clearly. Employees should ask their employer about specific sick leave policies, and employers should seek guidance when uncertain about whether to accept a particular certificate.
Disclaimer: This article provides general information only and does not constitute legal or medical advice. For specific situations, consult an employment lawyer or qualified healthcare professional.
Sources
- Department of Employment and Labour basic guide to sick leave
- Basic Conditions of Employment Act sections 22–23 (PDF)
- HPCSA ethical guidance homepage
- HPCSA Ethics booklet (PDF)
