1. In terms of the current sick leave provisions for the Public Service as contained in the Directive on Leave of Absence for the Public Service (hereafter referred to as the Directive), an employee (also meaning an educator for the purposes of this circular) is entitled to 36 working days normal sick leave with full pay over a three-year cycle. Irrespective of how many days have been utilised, she/he must submit a medical certificate for every three or more consecutive days of sick leave, citing the duration of absence, issued by a registered and recognised practitioner. However, in instances where a pattern in the utilisation of sick leave is detected, the employee concerned may be required, even for absences for periods shorter than three working days, to submit a medical certificate.

2.

Provision is made in Chapter 3, section 23 (1) of the Basic Conditions of Employment Act, 1997 for the 8-week rule. This Section stipulates that an employer is not required to pay an employee if

  1. the employee has been absent from work for more than two consecutive days, or

  2. on more than two occasions during an eight-week period and,

on request of the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the absence on account of illness or injury.

3.

The Minister for the Public Service and Administration determined that the current leave directive must be extended to include the 8-week rule. The following further directive will also have to be applied:

  1. An employee in his/ her first 36 days normal sick leave period, who has been absent from work on more than two occasions during an eight-week period, must regardless of the duration of the illness or injury, submit a medical certificate stating that the employee was unable to work for the duration of the absence on account of illness or injury, failing which such leave will be covered by normal vacation leave (with the employee’s consent) or alternatively by unpaid leave.

  2. The 8-week period shall be a calendar period and shall commence on the first day of an employee’s absence due to illness or injury. Any subsequent day(s) of absence due to illness or injury after the above-mentioned period, must then be regarded as the first day of the next 8-week period.
4. Kindly inform all your staff members about the contents of this circular.


SIGNED: JH HURTER
HEAD: EDUCATION
DATE: 2006:06:08