A warm welcome back, and may 2026 be a year where you achieve both your personal and company goals.

At the end of 2025, we shared an article on absenteeism and sick leave, highlighting key Court rulings and the requirements under the Main Agreement for valid sick notes and when they are required:

  1. 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 Medical Council, established by an Act of Parliament, and the practitioner must be certified by the Council to treat and diagnose.
  2. Any absence on a Friday, Monday, or a day immediately before or after a public holiday also requires a medical certificate before payment can be made.

You would obviously need to know which Professional Medical Councils have been established by an Act of Parliament – these would be:

  • The Health Professions Council of SA,
  • The Allied Health Professions Council of SA, and
  • The Nurses Council.

It’s important to note that the majority of nurses cannot issue valid medical certificates, as only a small percentage are certified to treat and diagnose. Clinic staff or unregistered persons (including traditional healers) cannot issue valid sick notes under the Main Agreement or Basic Conditions of Employment Act (BCEA).

Test yourself: Let’s look at some scenarios that may occur, which are not as simple and may lead to different interpretations and confusion on the application of sick leave. How would you treat the following:

  1. What happens if an employee falls sick during annual leave? Does it remain sick leave or become annual leave?       
  2. Does an employee have to bring a sick note if they are off for a day or two?
  3. Is a back-dated sick note acceptable?
  4. What about when an employee is off sick from Monday to Tuesday but only has a sick note for Monday? Or what about if an employee is off for longer than Tuesday?
  5. If an employee is off sick on Friday but only goes to the doctor on Saturday, then what about Friday? 
  6. What do you do if the sick note from the doctor says that they were informed that the employee was sick?
  7. If the employee has a note showing proof of attendance at a doctor, hospital or clinic, is this acceptable?
  8. What about if the employee goes to the doctor for a check-up?
  9. Would fetching medication qualify as sick leave?
  10. What happens if an employee agrees to work overtime on the weekend, but then doesn’t report for work and claims sick leave? Is a sick note required?

So how would you treat those scenarios? Is it similar to what SEIFSA would advise? Let’s look at what SEIFSA would advise.

  1. The Main Agreement in section 34, states that the annual leave does not convert to sick leave, but remains annual leave.
  2. No sick note is required in terms of the Main Agreement if an employee is off for a day or two, unless the employee has been off more than twice in 8 week period, or they are off on Monday or Friday or before or after a public holiday.
  3. No, a sick note cannot be backdated. The sick note is valid from the day that it was issued by the doctor, unless the doctor has received advice from a registered and certified medical specialist, which states that they have seen the employee and have been treating them.
  4. An employee may be off for two consecutive days, from Tuesday until Thursday and is not required to produce a sick note.
  5. The employee is required to bring a sick note for Friday, and if the employee does not, they could be seen to be AWOP.
  6. It is not an acceptable sick note if the employee informs the doctor that s/he was too sick to come to work, as the sick note must be based on the examination by the doctor of the employee.
  7. A note of attendance is not a valid sick note; it must refer to the doctor’s examination and the doctor’s diagnosis that the employee was unfit for work.
  8. Sick leave is intended to be used because an employee is too sick for work; in general, a check-up is not a valid reason for sick leave.
  9. If one considers point 9, fetching medication does not qualify as sick leave. However, most companies allow employees time off to fetch medication, once each month, where they suffer from chronic illnesses. The company can determine if this is paid time off or not. Many companies do allow employees to utilise their sick leave in these circumstances.
  10. If an employee agreed to work overtime on the weekend, but then doesn’t report for work and claims sick leave, you would treat this as you would any other day, in that, no sick note is required in terms of the Main Agreement if an employee is off for a day or two, unless the employee has been off more than twice in 8 week period, or they are off on Monday or Friday or before or after a public holiday   

Managing sick leave and leave in general can be confusing, so stay in contact with Seifsa, and we will be able to guide you on these matters

Conclusion

Managing sick leave and time-off approvals can be tricky. Understanding the requirements of the Main Agreement and the BCEA, and knowing when a valid medical certificate is needed, helps prevent disputes and ensures compliance. By applying these guidelines consistently, employers can manage absenteeism effectively, while employees are treated fairly and in line with the law. Staying in touch with SEIFSA provides practical guidance and support to handle these matters correctly.

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UPCOMING WORKSHOP

To unpack these issues further, we are conducting a workshop on Managing Misconduct and Incapacity in the Workplace on 05 February 2026, at Afrique Boutique in Boksburg.

In this training, we will cover how to identify and manage various forms of misconduct, including absenteeism and sick leave use and abuse.

Topics include:

  • Understanding the employment relationship
  • The basic employment obligations to be expected from employees and shop stewards
  • How to manage sick leave utilisation/abuse
  • Do you need to recognise traditional healers?
  • What constitutes a valid sick note, and when can I insist upon one?
  • Dealing with conflict and misconduct, including:
  • Poor timekeeping
  • Desertion
  • Intoxication
  • Theft and dishonesty
  • Refusal/failure to work and insubordination
  • Poor performance
  • Harassment
  • The burden of proof
  • Corrective action and the issuing of warnings
  • Dealing with grievances
  • Managing Incapacity in the Workplace
  • Guidelines from the Code of Good Practice on Dismissals
  • Fair Process, company vs employee rights
  • Alternatives to dismissal for incapacity
  • Ensuring a fair dismissal for incapacity.

Book here: https://seifsa.co.za/product/managing-misconduct-in-the-workplace/

Contact:

Tel: 011 298 9400

Email: info@seifsa.co.za   

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