Sick leave note

[RNaidoo]

Can the employer contact the doctor regarding a medical condition stated in a sick leave note? As the doctor constantly books this patient/employee off.

[Andrec]

A doctor doesn’t have to disclose the illness of a patient. The important part is that the doctor actually books the person off and states that according to his knowledge the person is unable to perform duties for certain periods.
Employees are entitled to sick leave when they are sick. The abuse of sick leave however is a form of misconduct. Go through your attendance registers; try to establish some kind of a pattern i.e. Fridays, Mondays etc.
As a concerned employer, you may send the employee for a second opinion to another practitioner.
It is possible that this person is really sick. We now have to establish whether he/she is still capable of performing the job that you appointed him for in the first place. In this scenario you need to follow incapacity procedures.
I suggest that you contact Jan du Toit on jand@labourguide.co.za for assistance.

[RNaidoo]

Thanks, we do know the condition as the employee has disclosed it. The employee seems to be able to carry out all job functions. The employee has exhausted sick leave but been booked off for every Monday. I find the Monday's very strange as I would think that if the employee could not cope would would rather be a Wednesday that the employee should be booked off as it is in the middle of week.

[Andrec]

You need to determine whether this person is still capable of performing. If illnesses seem to be the reason then you need to follow incapacity procedures, if the problem relates to the abuse of sick leave or unauthorised absenteeism follow disciplinary procedures.
Please refer to schedule 8: Code of Good Practice Dismissal. You may download the LRA on www.labourguide.co.za/legislation.htm or www.labour.gov.za

[stblodge]

What if an employee produced a sick note and was booked off as unfit for work, but was seen out and about in his vehicle, picking up relatives and thereafter obtained sick note. Send sms at 03h30 night before he was due for work at 06h00.