Legislation is failing to curb sick leave

SICK leave and arguments have been a bone of contention for decades.

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Despite the fact that the legislation is simple and that the Basic Conditions of Employment Act is widely understood, we still see ongoing disputes.Employers fully understand that, normally, sick leave is not self inflicted, and invariably employees don’t want to have to claim their sick leave. Employees also understand that taking sick leave puts their work back and invariably causes personal stress.

Unfortunately, sick leave is always open to abuse as sick certificates do not contain the reason for the sick leave, and on many occasions it is almost impossible for a doctor to say that a patient does not have the symptoms complained of. Another problem we found is that many medical practitioners are under pressure and don't properly investigate the cause of the symptoms. Although this lackadaisical practice is minimal, it does exist.

Doctors are also reluctant to appear at disciplinary enquiries. A doctor cannot be subpoenaed to a disciplinary enquiry and basically comes on his or her own cognoscente. When employers call for a doctor to give evidence this seldom happens.