With the rise in fraudulent medical certificates, it’s crucial to understand the definitions and requirements outlined in the Basic Conditions of Employment Act (BCEA). Generally, employees must provide a medical certificate for paid sick leave that exceeds two consecutive days, although there are some exceptions.
Proof of Incapacity Requirements under Section 23(2) of the BCEA:
Section 23(2) specifies that:
“The medical certificate must be issued and signed by a medical practitioner or any other person certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.”
The BCEA defines a “medical practitioner” as an individual authorized to practice under the Medical, Dental, and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974). Typically, a medical doctor issues and stamps the certificate with their practice number. However, problems can arise if the stamp is used by someone other than the certified medical doctor. In such cases, the ruling in Woolworths (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JA90/22) [2024] ZALAC 29; [2024] 8 BLLR 881 (LAC); (2024) 45 ILJ 2270 (LAC) (13 June 2024) applies.
Professional Nurses and the South African Nursing Council:
Under the Nursing Act (Act 33 of 2005), the South African Nursing Council, a professional council established by Parliament, has authorized qualified professional nurses to issue medical certificates, but under strict conditions:
- The nurse must hold a post-basic diploma or an additional qualification in areas such as Clinical Nursing Science, Health Assessment, Treatment and Care, or Occupational Health Nursing.
- Medical certificates issued by a professional nurse are valid for up to two days. If the condition does not improve, the patient must see a medical practitioner.
- The certificate must include the professional nurse’s full name and signature.
These regulations provide clear standards for acceptable medical certificates and highlight the responsibilities of both medical practitioners and professional nurses in preventing fraudulent claims.
