FAQ

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MEDICAL CERTIFICATES

An employee who is off sick for more than 2 consecutive days (in other words, 3 days or more) is required to produce a medical certificate signed by a medical practitioner or any other person who is certified to diagnose and treat patients, and who is registered with a professional council established by an Act of Parliament.

                                  

In other words, a medical certificate signed by a clinic sister or traditional healer is not acceptable. If the employee does not produce the required medical certificate as above, then the employer is entitled to treat the period of absence as unpaid leave, and the employee is not entitled to request that it be taken as paid annual leave.

             

It is unlawful for an employer to insist that an employee produce a medical certificate for an absence on a Friday, or on a Monday, or on the Friday and the Monday, or for and absence on the day before or the day after a public holiday.

               

If an employee is absent on more than two occasions (even if only for one day) during the same eight-week period, then for further absence,  the employer is entitled to insist on a medical certificate, even if the absence is for only one day, and if it is not produced, then the employer is entitled to treat that absence as unpaid leave.

WHO QUALIFIES FOR PARENTAL LEAVE?

An Employee who is a parent of a child and is not entitled to maternity leave, is entitled to 10 consecutive days’ parental leave when the Employee’s child is born or when an adoption order is granted.  The employee can commence Parental leave on the day the child is born or on the day the adoption order is granted.

The employee must notify the employer in writing of the intended commencement and return date at least a  month in advance.  

The Employee will not receive remuneration in respect of days on which he or she has taken parental leave and may apply for parental leave benefits from the Department of Labour, in terms of the Unemployment Insurance Act, 2001 (“the UI Act”).

WHAT WILL MY NOTICE PERIOD BE IF I WORKED FOR AN EMPLOYER FOR 9 MONTHS?

According to the BCEA you will be required to give 1 weeks notice for working less than six months.  Should you work for more than six months but not more than one year you will be required to give 2 weeks notice.  Should you work for more than a year you will be required to give 4 weeks notice.

However it is also important to take your employment contract conditions into consideration.  An employer may require you to work a calendar month or even 30 days from the date of resignation.  Should the dismissal come from the employer side with notice they will also be bound by the same terms and conditions.

I would say that the BCEA will apply and you will be required to a notice period of 2 weeks.