We are pleased to provide you with essential information regarding the guidelines on what constitutes a valid medical certificate as stipulated in the Basic Conditions of Employment Act and the MIBCO Main Collective Agreement.
Key Requirements of a Valid Medical Certificate:
1. The certificate must state that the employee was unable to perform their normal duties due to illness or injury.
2. This statement must be based on the professional opinion of the medical practitioner after examining the employee.
3. The medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients.
4. The medical practitioner or other certified person must be registered with a professional council established by an Act of Parliament.
Who Can Issue a Valid Medical Certificate:
Medical Certificates can be issued by the following professionals:
– Medical Practitioners (Doctors with MBChB degree)
– Dentists
– Psychologists with a Master’s Degree in Educational, Counselling or Clinical Psychology
– Acupuncturists, Ayurveda practitioners, Chinese medicine practitioners, Chiropractors, Homeopaths, Naturopaths, Osteopaths, Physiotherapists or Unani-Tib practitioners.
Please note that the above professionals must be registered with the Health Professions Council of South Africa or the Allied Health Service Professions Council.
Professional Nurses with Post-Basic Diplomas/Additional Qualifications who are registered with the South African Nursing Council (SANC), are permitted to issue sick notes as they are deemed competent to provide specialized nursing care in their field of practice. They can issue medical certificates/sick notes for a maximum of two (2) days as recommended.
Nurses without Post-Basic Diplomas/Additional Qualifications are only allowed to issue attendance certificates. An attendance certificate does not declare that the employee is unable/unfit to attend to their duties and may be viewed by employers as an unpaid period.
According to the Traditional Health Practitioners Act (THPA), traditional health practitioners who are registered with the Traditional Health Practitioners Council (THPC) can issue medical certificates. These certificates are recognised for the purposes of medical leave from work. Only traditional healers who are certified to diagnose and treat patients and who are registered with the THPC may issue medical certificates.
Rule 15 of the Medical and Dental Professions Board Rules in South Africa provides guidelines for determining whether a medical certificate is valid. The key points are:
1. Practitioner’s Information: The certificate must contain the name, address, and qualification of the practitioner.
2. Patient’s Information: The certificate must contain the name of the patient and the employment number of the patient (if applicable).
3. Examination Details: The certificate must contain the date and time of the examination.
4. Basis of Certificate: The certificate must state whether it is being issued as a result of personal observations by the practitioner during an examination, or as the result of information received from the patient and which is based on acceptable medical grounds.
5. Description of Illness: The certificate must contain a description of the illness, disorder, or malady in layman’s terminology, with the informed consent of the patient. If the patient is not prepared to give such consent, the medical practitioner or dentist shall merely specify that, in his or her opinion based on an examination of the patient, the patient is unfit to work.
6. Work Capacity: The certificate must state whether the patient is totally indisposed for duty or whether the patient is able to perform less strenuous duties in the work situation.
7. Sick Leave Duration: The certificate must contain the exact period of recommended sick leave.
8. Issuing Date: The certificate must contain the date of issuing of the certificate of illness.
9. Practitioner’s Identity: The certificate must contain a clear indication of the identity of the practitioner who issued the certificate which shall be personally and originally signed by him or her next to his or her initials and surname in printed or block letters.
Please note that a certificate that states that the practitioner “saw the patient” or “was informed by the patient” is not considered to be a valid medical certificate 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). Such certificates are merely an indication that the practitioner saw the patient, for example, a check-up, or that he was informed that the patient was unfit for duty.
Whilst the above points are all helpful guidelines on what constitutes a valid medical certificate the only acceptable legal basis for accepting or rejecting a medical certificate is section 23 of the BCEA read with Clause 5.2 of the Main Agreement.
If you have any queries in this regard, please contact your local IR Specialist: IR Contacts – Retail Motor Industry Organisation (rmi.org.za)
