Tag: medical certificate

In a significant move poised to reshape the landscape of traditional medicine in South Africa, the Minister of Health has proposed new regulations for traditional health practitioners. These regulations, set to be implemented under the Traditional Health Practitioners Act of 2007, aim to address longstanding concerns about the legitimacy of medical certificates issued by traditional healers and bring greater clarity to businesses grappling with uncertainty in this area.

It’s the law. If you are absent from work for more than two consecutive days, or more than twice within eight weeks, you have to provide a doctor’s note to your employer, according to the Basic Conditions of Employment Act (BCEA).

In a recent Labour Court judgment in the case of South African Revenue Services vs CCMA and Others, the court found the dismissal of an employee who was dishonest about his sick leave, to be substantively fair. In reaching its decision, the court made reference to the Woolworths v CCMA and Others case where an employee was dismissed after he applied for sick leave and but it was later established that he had travelled to support his local rugby team.

On 4 April 2022, President Cyril Ramaphosa announced that the National State of Disaster would be lifted with effect from 00:00 on 5 April 2022. One of the effects of this is that the Code of Good Practice: Managing Exposure to SARS-COV-2 in the Workplace (Code) became effective on 5 April 2022.

With the increasing number of COVID-19 infections, employers must deal with employees who test positive for the virus, those who come into contact with individuals who test positive, and those who present with COVID-19 related symptoms. It is therefore important for employers to understand when sick leave must be used.

Employers and employees have rights when it comes to sick leave, but fraudulent sick notes are a rising problem. In the wake of Jacob Zuma’s alleged medical certificate presented to court in January 2020, there has been widening controversy around these documents and their validity in the South African workplace.

An interview with Michael Yeates, Director Employment Practice, Cliffe Dekker Hofmeyr, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing the relief and assistance for employers and employees as a result of the COVID-19 pandemic.

An interview with Johan Olivier, Partner Webber Wentzel, and Dr Ivor Blumenthal, CEO, ArkKonsult, discussing employer responsibility with regard to the impact of COVID-19 on the workplace and employees.

The Department of Employment and Labour has recently provided much needed guidance in respect of questions which employers have been grappling with since President Ramaphosa's declaration of a National State of Disaster on Sunday 15 March 2020.

The Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates sick leave entitlement. In terms of section 22 of the BCEA, the 'sick leave cycle' means the period of 36 months’ employment with the same employer immediately following an employee’s commencement of employment.