Can we add this clause to our sick leave policy?
Question
Our Company's policy regarding sick leave is 30 days per 36 months.
However, we’ve found some employees abuse their sick leave and take one day off in the middle of a week (when we don't require a sick note) on a regular basis, i.e. monthly.
Can we require a medical certificate if the employee takes a second day's sick leave in an eight-week cycle, irrespective of what day it’s taken? And state that the day’s leave will be unpaid if the employee doesn’t produce a medical certificate?
Answer
Section 23 of the BCEA does provide that an employer isn’t required to pay an employee for sick leave if he’s been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, doesn’t produce a medical certificate. The medical certificate must state the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.
Accordingly, you don’t have to pay an employee for sick leave if he’s been absent on more than two occasions during an eight-week period and doesn’t give you a medical certificate when you ask him for one.
