Navigating Sick Leave and Falsified Sick Notes in South Africa

Tobie Nel
April 16, 2025

High levels of absenteeism, sick leave, and sick notes remain a contentious issue in the South
African workplace. While some employees abuse sick leave and submit falsified sick notes, many
employers are unaware of the rise in mental illness cases in the corporate workspace.

The Rise of Mental Health Issues

According to Life Healthcare (New data reveals SA employees facing mental health crisis), mental
illness in the corporate workplace is on the rise, with 37.12% of males and 64.90% of females affected as of 2023.

Our society has seen a remarkable increase in stress, relationship issues, and difficulties adjusting
to life changes. A client recently approached me, concerned about a substantial year-on-year
increase in sick leave in his business. Initially, he suspected sick leave abuse, but I encouraged him to consider that his staff may indeed be ill and that addressing the underlying issues might be necessary.

The Complexity of Sick Leave Abuse

Abusing sick leave is a major concern for employers, impacting productivity and potentially leading to costly consequences. Occasionally, it creates uncertainty about an employee’s intention to continue employment. In some cases, employees resort to submitting sick notes that lack detail or are suspicious, failing to serve as proof of incapacity.

Challenging the Validity of Sick Notes

However, can an employer challenge the validity of a sick note? The Labour Court addressed this
issue in Epibiz vs Lorraine Jordaan (2023). The court ruled that a sick note is mere hearsay, and its
validity can be questioned by the employer. In this case, the employee submitted monthly sick notes citing “consultation” as the medical reason, but the court found that this was not sufficient proof of incapacity.

Requirements for a Valid Sick Note

The Health Professions Council of South Africa provides guidelines on what information should be included in a sick note. According to Rule 15.1 of the Ethical and Professional Rules of the Medical and Dental Professions Board, a practitioner should only grant a certificate of illness if it contains the following information:

• Name, address, and qualification of the practitioner
• Name of the patient
• Employment number of the patient (if applicable)
• Date and time of examination
• Description of the illness (with informed consent)
• Whether the patient is totally indisposed or able to perform less strenuous duties
• Exact period of recommended sick leave
• Date of issuing the certificate
• Clear indication of the practitioner’s identity

Employer Rights and Responsibilities

Employers don’t have to accept a sick note at face value. They can verify its authenticity by
contacting the medical practitioner or requesting additional proof. If an employee submits a
backdated sick note, the employer can question its validity. Employers have the right to:

• Request a medical certificate for absences exceeding two consecutive days or two occasions
  within an eight-week period
• Withhold payment if an employee fails to provide a valid medical certificate
• Take disciplinary action for sick leave abuse

Conclusion

By understanding the requirements and implications of sick notes, employers and employees can
navigate the complexities of South African labour law and maintain a fair and productive work
environment. It’s essential for employers to have up-to-date sick leave policies and to address theunderlying issues that may be contributing to absenteeism