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Employers must be 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 practioner, Chinese medicine practioner, Chiropractor, Homeopath, Naturopath, Osteopath, Phytotherapist or Unani-Tib practioner.

Author: Jan Kemp Nel is the CEO of Streetwize Labour Law (Pty) Ltd..

You are entitled to reject ‘phoney’ or suspicious sick notes.With his 30 years’ experience in industrial relations and labour law, he has developed and introduced procedures in industrial relations in all areas He advocates and practises a preventative philosophy regarding industrial relations, recognising that conflict must be dealt with using proactive methods.Brian Eagar founded Tower Stone with the purpose of “Fulfilment in the workplace”.So if your employee hands you a medical certificate which you think is fake, you can reject it.If you reject a medical certificate you do not have to pay that employee sick leave.In other words, a certificate that states that the practitioner “saw the patient” or “was informed by the patient” is not considered to be a valid medical certificates since the practitioner did not declare in his or her professional opinion that the employee was unable to perform his or her normal duties as a result of illness (or an injury).


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