Sonja Vorster
The abuse of sick leave or the altering of a medical certificate is a very serious offence and you can be dismissed from employment as a result. The abuse of sick leave is costing employers millions of rands every year. Herewith is a basic guide to determine whether a medical certificate is valid and would justify the payment of the employee from his sick leave entitlement.
Who may sign medical certificates?
It can only be signed by a medical practitioner as described in the Medical, Dental and Supplementary Health Service Professions Act, No. 56 of 1974 or they must be registered with either the Health Professions Council of South Africa or the Allied Health Professions Council of South Africa.
There are two requirements in order for a medical certificate to be valid.
1. It must state that the employee was unable to perform his normal duties as a result of illness/injury and must be based on the professional opinion of the medical practitioner. A certificate that states that the practitioner “saw the patient” or “was informed by the patient” is not considered to be valid, since the practitioner did not declare in his professional opinion that the employee was unable to perform his normal duties as a result of illness/injury.
2. The certificate must be issued and signed by a medical practitioner. In terms of the Act the following professionals are considered to be medical practitioners:
• Medical practitioners (Doctors with MBChB degree) that are registered with the Health Professions Council of South Africa.
• Dentists that are registered with the Health Professions Council of South Africa.
• Psychologists with a Masters Degree in Educational, Counselling or Clinical Psychology that are registered with the Health Professions Council of South Africa.
The Act makes reference to the Allied Health Service Professions Act 63 of 1982. Practitioners must be registered with the Council in order to issue medical certificates. Employers must accept medical certificates from such practitioners as proof of incapacity in terms of the Basic Conditions of Employment Act.
A practitioner is defined in terms of the aforementioned Act as ‘a person registered as an Acupuncturist, Ayurveda practitioner, Chinese medicine practitioner, Chiropractor, Homeopath, Naturopath, Osteopath, Phytotherapist or Unani-Tib practitioner’.
Traditional healer certificates
Employers do not have to accept certificates from traditional healers unless they are bound by a collective agreement to accept such certificates. Traditional healer certificates with practice numbers are merely an indication that the traditional healer is registered with the Interim Council established in 2005 (which no longer exists).
Clinic certificates
Medical certificates issued by a clinical hospital are normally not signed by a registered medical practitioner. Every clinic and every hospital has qualified medical practitioners in attendance, and any person who is ill must be examined by such a person.
An examination by a nurse or other person who is not qualified to carry out examination and diagnosis is not acceptable.
A certificate signed by a person other than a qualified medical practitioner is equally unacceptable.
This means that any certificate bearing an illegible signature and a rubber stamp is unacceptable and in such cases the certificate can be treated as invalid and the period of illness as unpaid leave.
