In today’s globalised world, employees often travel abroad for personal or professional reasons. This raises an important question: What happens when an employee requires medical care or assistance while overseas? Specifically, are sick notes from foreign doctors accepted in South African workplaces?
Understanding Sick Leave in South Africa
According to South African labour laws, particularly the Basic Conditions of Employment Act (BCEA), an employee who is absent for more than two consecutive days, or more than twice in an eight-week period, must provide a valid medical certificate issued by a registered medical practitioner.
The BCEA defines a medical certificate as a document signed by a practitioner registered with the Health Professions Council of South Africa (HPCSA) or an equivalent regulatory body.
This raises the question of whether medical certificates from foreign doctors would meet these requirements.
Are International Doctors’ Notes Legally Recognised?
In theory, international medical notes may be accepted in South Africa if they meet the following requirements:
- Issued by a Registered Medical Practitioner – The foreign doctor must be licensed in their home country and affiliated with a recognised medical authority.
- Official Documentation – The certificate must include the doctor’s full name, contact details, registration number, and medical facility details to allow for verification if necessary.
The recognition of medical certificates from foreign doctors is not explicitly addressed by South African case law. However, current legal guidelines provide some direction on how employers should handle such situations:
- Hearsay evidence – Medical certificates are generally regarded as hearsay evidence. Employers may contest their validity; in such a case, the employee bears the responsibility of demonstrating their incapacity.
- Authenticity – An employer is entitled to investigate the validity of a medical certificate to confirm that the patient did indeed visit the medical practice on the day in question.
In the case of Mgobhozi v Naidoo NO & Others [2006] 3 BLLR 242 (LAC), the Labour Appeal Court ruled that medical certificates without supporting evidence from the doctor could be regarded as hearsay. The court noted that such certificates would remain hearsay unless the doctor provided a supplementary affidavit.
While international medical certificates are not outrightly rejected by South African legislation, employers retain the right to assess their legitimacy and request further verification. Some companies may choose to reject a foreign certificate due to internal policies that require sick notes to be issued by practitioners registered with the HPCSA.
Consistency and Fairness
It is crucial for employers to treat all employees fairly and consistently when reviewing international sick notes. If an employer rejects a foreign sick note, they must provide a valid reason and allow the employee to submit additional documentation if needed.
Establishing a Clear Sick Leave Policy
Employers should clearly define whether international sick notes are acceptable in the employment contract. The contract should also specify the requirements for a valid medical certificate. Once these policies are established, employers must communicate them to employees, ensuring they are aware of the procedure when sick leave is needed. Additionally, employers should offer clear guidelines for resolving disputes or handling complaints.
Conclusion:
International doctors’ notes may be accepted in South Africa, provided they meet the necessary requirements. However, the final decision depends on the employer’s policies and judgment. As workplaces become increasingly global, businesses should establish clear guidelines to handle such situations, balancing employee well-being with legal compliance.
