Absenteeism is a common workplace problem in South Africa, and it can quickly damage productivity, morale, and client service. However, you can manage it fairly if you separate genuine incapacity from misconduct, apply clear rules consistently, and keep proper records.
This guide explains how to handle occasional absence, repeated patterns, “no call / no show”, and suspected desertion, while staying aligned with South African labour law principles and fair process expectations.
What “absenteeism” means in South African workplaces
Absenteeism usually means an employee does not report for scheduled work, or leaves early, without a valid reason or permission.
In practice, absenteeism falls into a few categories:
- Authorised absence – approved annual leave, approved unpaid leave, study leave, or other agreed leave.
- Illness or injury absence – sick leave, supported by a valid medical certificate when required.
- Unauthorised absence – absent without permission (AWOL) or “no call / no show”.
- Possible desertion – prolonged unexplained absence, where the employer believes the employee will not return.
Key legal building blocks you should know
BCEA sick leave rules and medical certificates
The Basic Conditions of Employment Act (BCEA) sets minimum sick leave rights and when an employer may demand proof.
- Employees get paid sick leave over a 36-month cycle, equal to the days they would normally work in six weeks.
- In the first six months, employees accrue one paid sick day for every 26 days worked.
- An employer may require a medical certificate if the employee is absent for more than two consecutive days, or more than twice in eight weeks.
- The certificate must be issued and signed by a registered medical practitioner, or another registered person certified to diagnose and treat patients.
If the employee does not provide the certificate when required, the employer is not required to pay sick leave for that period.
Dismissal fairness and the (updated) dismissal code
If absenteeism leads to discipline or dismissal, fairness matters. The Code of Good Practice on Dismissal (updated in 2025) provides guidance on misconduct and incapacity processes, and it expects consistency, proportionality, and a chance for the employee to respond.
This matters because absenteeism can be:
- Misconduct (for example, repeated unauthorised absence), or
- Incapacity (for example, genuine ill-health preventing attendance).
Overview of a key case: desertion treated as misconduct
In Sibanye Rustenburg Platinum Mines v CCMA and Others (30 May 2025), the Labour Court reviewed a long absence case where employees returned much later and challenged dismissal.
The court’s practical message was clear: where an employer has a clear rule or policy on prolonged unauthorised absence, the dispute often turns on misconduct and breach of the duty to tender services, not only the employee’s stated intention to return.
This does not mean employers can skip fairness. However, it supports the idea that prolonged “no contact” absence can justify serious action if rules are clear and consistently enforced.
How to manage absenteeism step-by-step
Step 1: Make your attendance rules simple and visible
Absenteeism disputes usually get messy when the rules are vague.
Your policy should state:
- Start times and reporting lines.
- How to report late-coming or absence, and by what time.
- What proof you require, and when.
- When absence becomes “unauthorised”.
- When the business may treat absence as possible desertion.
Step 2: Record everything in real time
Keep an attendance register, clock-in records, roster schedules, and messages sent to supervisors.
Also record your attempts to contact the employee. This becomes crucial evidence later.
Step 3: Use a return-to-work conversation
After an absence, hold a short return-to-work discussion. Keep it factual and calm.
Ask what happened, confirm leave balances, and confirm the reporting process going forward.
When absence is illness or injury
Use sick leave correctly
Sick leave is not “automatic paid leave”. It is paid leave when the employee is too ill to work, and they comply with proof rules when requested.
If the absence triggers the BCEA proof threshold, request a medical certificate promptly.
Look for incapacity, not punishment, when illness is genuine
If an employee has repeated illness-related absence, consider an incapacity route. You should explore support and operational alternatives.
For example: adjusted duties, temporary changes, reduced hours, or referral to support programmes.
Move to discipline only if you have evidence of dishonesty or abuse of the system.
When absence is misconduct
Common misconduct patterns
- Repeated Monday/Friday absences without credible explanation.
- Frequent “no call / no show”.
- Ignoring reporting rules and failing to submit proof when required.
- Leaving the workplace without permission.
Use progressive discipline where appropriate
Start with counselling and warnings when the harm is moderate, and the employee can correct behaviour.
If the pattern continues, escalate. Use a disciplinary enquiry for serious or repeated breaches.
Always allow the employee a fair opportunity to explain. Also consider whether the rule was clear and consistently applied.
Abscondment and desertion – handle with extra care
Employers often describe long absence as “abscondment” or “desertion”. Treat these labels carefully.
A safer approach is to focus on facts:
- How long has the employee been absent?
- Did the employee notify anyone?
- What efforts did the employer make to contact them?
- What does the contract or policy say?
As a practical risk-control step, issue a written notice to the employee’s last known address and known contact channels. Then invite them to explain, and warn of possible disciplinary action.
If the employee does not respond, proceed with a fair process based on the evidence you have. Avoid “automatic termination” language unless your legal advice confirms it is safe in your context.
Pay and leave implications
Absence affects pay differently depending on the reason and proof.
- Paid sick leave – payable if the employee qualifies and provides proof when requested.
- Unpaid absence – if the employee has no entitlement, or fails to provide a required certificate, the employer may treat the time as unpaid.
- Annual leave or unpaid leave – may apply if the employer approves it, and the employee has leave available.
Be consistent. If you pay some employees for unauthorised absence, you create fairness risk later.
What employers should do
- Publish a clear attendance and absence reporting policy.
- Train line managers to apply rules consistently.
- Track patterns, not only single incidents.
- Use return-to-work discussions to correct behaviour early.
- Request medical certificates only when the legal threshold is met, or when the pattern triggers it.
- Choose the right route: incapacity for genuine illness, misconduct for rule-breaking.
- Document contact attempts and employee explanations.
- Follow a fair process before dismissal, even in “no contact” cases.
What employees should know
- Report absence as early as possible, using your employer’s required channel.
- Understand that sick leave may require a medical certificate in certain cases.
- Keep copies of certificates and submission proof.
- If you face a personal crisis, communicate and request leave options early.
- Repeated unauthorised absence can lead to discipline, and potentially dismissal.
- If dismissed, get advice quickly because dispute time limits can be short.
Tax and regulatory considerations
Absenteeism mainly affects payroll through reduced remuneration or unpaid periods.
Keep payroll records accurate, and store medical information confidentially. Limit access to those who need it for administration.
FAQ: Absenteeism
Can an employer dismiss an employee for frequent absenteeism?
Yes, but the employer must prove fairness. First identify the cause.
If illness causes the absence, consider incapacity steps and alternatives. If the employee breaks rules, use misconduct discipline.
When can my employer demand a medical certificate?
Generally, when you are absent for more than two consecutive days, or more than twice in an eight-week period, and the employer requests it.
Can my employer stop paying me if I do not submit a medical certificate?
If the certificate is required by the BCEA threshold and you do not provide it after request, the employer is not required to pay sick leave for that period.
How many days absent counts as desertion?
There is no single universal number in law. Many workplaces set a policy threshold.
What matters is the rule, the facts, and whether the employer followed a fair process.
What should I do if I cannot contact my employer during an emergency?
Send a message as soon as you can, even if it is brief. Ask someone to notify your manager if needed.
Then provide supporting documentation when you return, and explain the situation clearly.
Sources
- Basic Conditions of Employment Act 75 of 1997 (Gov.za PDF)
- Department of Employment and Labour – Basic Guide to Sick Leave
- Webber Wentzel – Effective immediately: Code of Good Practice on Dismissals (4 Sept 2025)
- Fasken – Modernising Workplace Discipline: A Short Guide to the 2025 Dismissal Code
- Mayet & Associates – Absence without permission may justify dismissal (Sibanye case note)
- SAFLII – Sibanye Rustenburg Platinum Mines v CCMA and Others [2025] ZALCJHB 207 (30 May 2025)
