In the workplace the general question arise whether or not an employer is obliged to accept a medical certificate issued by a traditional healer. Before answering this question it must first be established what constitutes a valid medical certificate: Section 23 of the Basic Conditions of Employment Act (BCEA) deals with proof of incapacity and states:
“23. (1) An employer is not required to pay an employee in terms of section 22 if the
employee has 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, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.
(2) The medical certificate must be issued and 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.”
The above act clearly indicates that a medical certificate must be issued and signed by a medical practitioner who is registered with a professional council established by an Act of Parliament.
From this section of the BCEA Act it is further clear that there are two requirements in order for a medical certificate to be a valid medical certificate:
- It must state that the employee was unable to perform his or her normal duties as a result of illness (or an injury) and must be based on the professional opinion of the medical practitioner.
- The certificate must be issued by a medical practitioner. A medical practitioner is described in the definitions of the Act as: “a person entitled to practice as a medical practitioner in terms of section 17 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974).”
In terms of the above mentioned Act the following professionals are considered to be medical practitioners:
- Medical practitioners (doctor with MBCHB degree) that are registered with the Health Professions Council of South Africa.
- Dentists that are registered with the Health Professions Council of South Africa.
- Psychologists with a Masters Degree in Educational, Counselling or Clinical Psychology that are registered with the Health Professions Council of South Africa.
Employers must accept medical certificates from such practitioners as proof of incapacity in terms of the Basic Conditions of Employment Act. If an employee does not provide his employer with the above mentioned medical certificate, the employee will not receive remuneration for his absence and this might further lead to disciplinary steps being taken against the employee.
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