Approving sick leave, family responsibility leave (FRL), and other time-off requests may seem straightforward on paper. However, in practice, ensuring that leave is legitimate and compliant with both company policies and legal requirements can be complex. Employers must carefully differentiate valid from invalid leave to avoid potential disputes or challenges.
Understanding Sick Leave: Employer Rights and Obligations
Before an employee is paid for sick leave, employers are entitled to verify that the absence is genuine. Even when a proper medical certificate is provided, a pattern of repeated absences may indicate abuse. In such cases, the employer may withhold payment until legitimacy is confirmed.
Key Legal Reference: Section 34 of the Main Agreement (MEIBC)
- For absences longer than two consecutive days, or on more than two occasions within an eight-week period, the employer may require a medical certificate from a qualified practitioner registered with a recognised Professional Council.
- Any absence on a Friday, Monday, or a day immediately before or after a public holiday also require a medical certificate before payment can be made.
Labour Court and Labour Appeal Court Guidance
The courts have repeatedly emphasized the importance of credibility, genuine incapacity, trust, and truthfulness when claiming sick leave or being away from work. The following cases illustrate these principles.
Woolworths (Pty) Ltd v CCMA and Others (Alexander), LAC (2021) involved an employee who claimed to be sick but travelled to attend a rugby match while on paid sick leave. The Labour Appeal Court found that the employee had acted dishonestly. Dishonesty in sick leave claims destroys trust, and conduct inconsistent with illness justifies dismissal. The principle established is that activities inconsistent with claimed illness amount to dishonesty, and dismissal is appropriate.
Woolworths v CCMA and Others (Maseko) [2024] ZALAC 29 dealt with suspicion around a doctor’s legitimacy. The LAC held that a certificate from a registered doctor is valid, and employers must challenge the suspicious behaviour of a doctor through proper legal channels such as the Health Professions Council of SA (HPCSA). The principle is that employees cannot be disciplined solely because an employer distrusts the doctor; the focus must be on legal compliance of the certificate. However, where there is clear evidence that the doctor is illegitimate or the sick note not compliant, then the company can reject the sick leave application and payment thereof. Where there is clear employee misconduct, the employee can then be disciplined.
SARS v CCMA and Others (Mathebula) [2023] ZALCJHB 222 concerned an employee who reported sick but was seen participating in a protest. The Labour Court held that the employee misrepresented his illness and that his involvement in the protest was inconsistent with being unfit for work. His dismissal was substantively fair. The principle is that employees who behave inconsistently with their claimed illness may be disciplined for dishonesty.
Requirements for a Valid Medical Certificate
According to Rule 15(1) of the Ethical and Professional Rules of the Medical and Dental Professions Board (HPCSA), the certificate must include:
- Practitioner’s name, address, and qualifications.
- Patient’s name and, if applicable, employee number.
- Date and time of examination.
- Whether based on personal observation or information provided.
- Confirmation of incapacity.
- Whether total incapacity or light duty.
- Exact period of sick leave.
- Issue date and legible signature with initials and surname.
Certificates from nurses, clinic staff, or unregistered persons (such as traditional healers) are not valid – some nurses are valid
Conclusion
Managing sick leave and other time-off requests is a delicate balance between supporting employees and safeguarding the integrity of workplace operations. Employers must remain vigilant in verifying absences, applying leave policies consistently, and distinguishing between legitimate incapacity and misuse. The courts have made it clear that dishonesty, inconsistent behaviour, or prolonged unauthorised absence, even when explained by circumstances such as incarceration, can constitute misconduct and justify disciplinary action. At the same time, legally compliant medical certificates must be respected, and employees should not be penalised simply because an employer doubts a practitioner’s legitimacy.
Upcoming Workshop
To unpack these issues further, we are conducting a workshop on Managing absenteeism, sick leave and general leave – including annual, paternity and family responsibility leave on 03 December 2025.
In this training, we will cover how to identify and manage disruptive absenteeism in the workplace while exploring what constitutes authorised versus unauthorised absenteeism and the proper use of various types of leave.
Topics include:
- How to manage poor timekeeping and absenteeism.
- Managing sick leave use versus misuse and abuse.
- Requirements for a valid sick note and who may issue it, including traditional healers.
- Managing telehealth and telephone consultations.
- UIF vs Sick Pay Fund illness benefits.
- Steps to reduce absenteeism, poor timekeeping, and sick leave abuse.
- Addressing unauthorised absence, including disciplinary measures and non-payment of wages.
- Application of annual, maternity, paternity, and family responsibility leave.
- Enquiries and practical guidance.
Contact:
Tel: 011 298 9400
Email: info@seifsa.co.za
