Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)RegulationsLocal Government: Regulations on Appointment and Conditions of Employment of Senior ManagersChapter 4 : Conditions of Employment25. Proof of sickness or injury |
| (1) | A senior manager who takes sick leave for more than two consecutive days or on more than two occasions during an eight week period must provide an original medical certificate that complies with subregulations (2) and (3). |
| (2) | The medical certificate contemplated in subregulation (1) 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. |
| (3) | The medical certificate contemplated in subregulation (1) must, in addition to the requirement in subregulation (2) contain the following information: |
| (a) | A clear indication of the name, address and qualification of the medical practitioner. |
| (b) | the name of the patient, which must correspond with the name of the senior manager; |
| (c) | the identity number of the senior manager; |
| (d) | the date and time of the medical evaluation; |
| (e) | and indication of— |
| (i) | the medical practitioner's personal observations during an examination; |
| (ii) | information received from the patient during the consultation and which is based upon acceptable medical grounds; |
| (iii) | with the consent of the senior manager, a description of the sickness or injury in layman's terms, or, if the senior manager refuses to provide consent, specifying that the senior manager is unfit for work due to sickness or injury; |
| (iv) | whether the patient is totally indisposed for duty or whether the patient is able to perform less strenuous duties; |
| (v) | the precise period of recommended sick leave; |
| (vi) | the date of issue of the medical certificate; and |
| (vii) | in the case of a pro forma medical certificate, the deletion of the wording not applicable to the patient. |
| (4) | A municipality that doubts the authenticity of a medical certificate provided by a senior manager or that claims that the medical certificate does not substantially and materially comply with subregulation (3) must furnish the senior manager with its reasons in writing. |
| (5) | In respect of a senior manager who fails to provide an authentic medical certificate that substantially and materially complies with subregulations (2) and (3) the municipality may— |
| (a) | debit the number of annual leave days that are due to the senior manager by the number of sick days taken; or |
| (b) | if a senior manager has no annual leave due to him or her, grant the senior manager unpaid leave for the number of sick days taken by the senior manager. |
| (6) | If there is a reasonable suspicion that the senior manager is abusing sick leave, the municipality may at is own cost, require the senior manager to be examined by a medical practitioner of the municipality's choice. |