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Although there is no statutory description of a valid medical certificate, Section 23(2) of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) (BCEA) stipulates that a medical certificate must be issued and signed by a medical practitioner or person qualified to diagnose and treat patients, and who is registered with a professional council.
Sectoral Determination 13, gazetted under the BCEA, lists the following people as authorised to issue a medical certificate: medical practitioners, clinic nurse practitioners, traditional healers, community health workers, psychologists, and other health professionals certified to diagnose and treat patients, and registered with a professional council established in terms of an act of Parliament. Two examples of these professional councils are the Health Professions Council of South Africa (HPCSA) and the South African Nursing Council (SANC).
Required information
The BCEA does not specify the information a valid medical certificate must contain; this will depend on each council’s rules. The ethical and professional rules of the HPCSA requires that the name, address, and qualification of the practitioner and his/her registration number must appear on the certificate, along with the name and, where applicable, employment number of the patient.
The date and time of examination must be stated and whether the certificate is issued based on personal observations by the practitioner during an examination, or on information received from the patient and which is based on acceptable medical grounds.
A description of the illness or disorder in layman’s terminology can be given with the patient’s consent.
If the patient does not give consent, the practitioner will merely specify that, in his/her opinion and based on an examination of the patient, the patient is unfit to work. It must state whether the patient is totally indisposed for duty or able to perform less strenuous duties in the work situation.
The exact period of the sick leave must be stated along with the date of issue of the certificate.
Notes issued by nurses
The SANC issued a statement confirming that a professional nurse practitioner who possesses an additional qualification in clinical nursing science, health assessment, treatment and care, and an additional qualification in occupational health nursing is deemed competent to assess, diagnose, treat, and issue sick notes to patients. Such a sick note is valid for the purposes of sick leave. The SANC confirmed that the recommended period for sick notes issued by a professional nurse practitioner is a maximum of two days.
The sick note must contain the name, address, qualification and the SANC reference number of the attending practitioner. Other requirements include the patient’s name, the date and time of the examination, the exact period of recommended sick leave, and the date of issue of the certificate. The certificate must also indicate whether it is being issued as a result of personal observations by the practitioner during an examination, or as a result of information received from the patient and which is based on acceptable medical grounds. – Christiaan Swart, senior legal advisor, LWO Employers Organisation
For more information, email Christiaan Swart at christiaan@lwo.co.za, info@lwo.co.za or visit www.lwo.co.za