| 1. |
In terms of Regulations 9 and 10 of Chapter J of the Personnel Administration Measures (PAM), Regulation F (c) of Part V of the Public Service Regulations, 2001, as well as paragraphs 13 and 14 of the Directive on Leave of Absence in the Public Service, the Head of Education may grant an employee, whose normal sick leave entitlement (36 days in a three year cycle) has been exhausted, additional sick leave (temporary incapacity leave). The additional sick leave is granted on the merits of every application and after consideration of the circumstances and medical certificates and reports which must accompany the application as proof.
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| 2. |
In terms of Schedule 8 of the Labour Relations Act, 1995 (Act 66 of 1995) an employer must, within 30 days after receipt of a further application for sick leave of an employee whose sick leave entitlement (36 days) has been exhausted, determine the nature and extent of the incapacity of the employee. The employer will then, depending on the nature and extent of the incapacity, inform the employee of his decision and of the further procedure, should the incapacity be of a permanent and comprehensive nature.
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| 3. |
The excessive use of sick leave has become a major source of concern in the public sector, as it affects the employer's commitment to service delivery. Strong emphasis is therefore placed on the use and management of leave, especially sick leave, and the above-mentioned prescripts place an obligation on both employer and employee to comply with the prescribed requirements in this regard. Employees should note that they are obliged to apply for temporary incapacity leave within 5 days after they become aware that they need or may need such leave. The following may serve as an example:
An employee is absent on sick leave. He or she has already exhausted 30 days sick leave in a specific cycle and a doctor recommens a further 15 days for recovery. This will mean that the allowed 36 days in a cycle will be exceeded by 9 days. Such a person must apply for temporary incapacity leave immediately, and not later than 5 days after he or she became aware that the sick leave will be exceeded. The same will apply to a new illness which will also lead to an exceeding of the 36 days.
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| 4. |
In an effort to obtain control over the phenomenon of excessive sick leave, the Department for Public Service and Administration, as lead department, with the approval of Cabinet has developed a uniform policy which is applicable to all sectors in the public sector. This policy, namely the Policy and Procedure on Incapacity Leave and Ill-health Retirement (PILIR) has come into effect in the departments which fall under the governance of the Provincial Government, Western Cape with effect from 1 June 2006.
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| 5. |
In order to ensure a fair evaluation of all applications for additional sick leave, even one day in excess of the sick leave entitlement of 36 days in a cycle, as well as to facilitate applications to retire from the Service on the grounds of ill-health, an independant service provider, SOMA INITIATIVE, has been appointed as Health Risk Manager for the Western Cape. This organisation, which consists of a panel of medical practitioners and specialists, will advise the WCED regarding the nature and extent of incapacity of staff members, if further temporary incapacity leave should be granted and if an employee should retire from the service. Their recommendations will assist the WCED in taking more informed decisions with regard to the handling of applications. It must be emphasised that the onus is on employees to prove that they are not capable of performing their duties and all the necessary evidence that the Health Risk Manager requires will have to be provided by the applicant.
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| 6. |
As mentioned in paragraph 3 above, employees must apply for additional sick leave in the prescribed way by using the new forms, within 5 days after the onset of the incapacity. It is still an employee`s right to apply for additional sick leave or to apply for retirement from the sevice as a result of ill-health, but it remains the employer`s prerogative to approve or disapprove applications or to decide in the case of leave for how long support will be given to an employee. The input of the Health Risk Manager will, however, contribute to expedite decisions and to ensure that more effective decisions will be taken.
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| 7. |
In terms of the new policy the employer (WCED) is compelled to take a decision on a specific application within 30 days after receipt of a correctly completed application. This decision will be taken in the Personnel Office at Head Office, which has delegated authority in this regard. Employees will therefore be informed about decisions in a relative short period of time. This will also assist supervisors in making appropriate alternative arrangements and in managing their staff more effectively.
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| 8. |
The prescribed new application forms are lengthy documents [and could unfortunately not be attached to this circular] - these forms have been attached to this document - see papargarph 9 below. The forms are, however, together with further information regarding the use of incapacity leave, available on the website www.dpsa.gov.za and the website can be accessed as follows:
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| 8.1 |
Click on the left side on “Document Archive”
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| 8.3 |
Click on “Conditions of Service” and go to ”Leave”
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| 8.4 |
Click on “5 December 2005”
– the different forms or Annexures can be accessed by clicking on “Note……”.
These forms/annexures are also available below - see papargarph 9
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| 9. |
By way of explanation, the relevant forms and the circumstances under which they must be used are briefly described:
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| 9.1 |
The first form, Annexure A, is an application form for short periods (1 to 29 days) of sick leave in excess of the 36 days. The form has to be completed by the employee, the employer (WCED Head Office), the Health Risk Manager and the Head of the Department. The employee will be informed of the decision after consideration of the application.
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| 9.2 |
The second form, Annexure B, is for long periods of sick leave (30 days and more) in excess of the 36 days. The form has to be completed by the employee, his or her medical practitioner, the employer (WCED Head Office), the Health Risk Manager and the Head of the Department. The employee will in this case also be informed of the decision.
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| 9.3 |
The third form, Annexure E, is for retirement as a result of ill-health. This form has to be completed by the employer (WCED Head Office), the employee and his or her medical practitioner. Additional supporting reports may also be submitted. The final decision will be taken by the Head of the Department.
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| 9.4 |
The fourth form, Annexure F, is a shortened application for retirement as a result of ill-health. This form may be completed if the Head of the Department is of the opinion that, after a thorough investigation for the purposes of granting sick leave for a long period of absence, the employee should, nevertheless, retire from the service as a result of ill-health.
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| 9.5 |
An appeal is made to everybody who complete these forms or a part thereof to take special care that they are completed correctly, that they are signed by the appropriate people at the relevant places and that the forms are dated. If forms are not completed correctly, they will have to be returned, which will delay cases.
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| 10. |
Educational institutions that do not have access to Internet facilities can obtain the forms from the relevant EMDC.
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| 11. |
Kindly send completed forms to the Director: Personnel Management (Educators), Leave Division, at Head Office in respect of educators and to the Director: Personnel Management (Public Service), Leave Section, in the case of Public Service personnel. The address in both instances is Private Bag 9114, Cape Town, 8000.
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| 12. |
The contents of this circular must be brought to the attention of all personnel under your control and a copy of the circular must also be forwarded to the chairperson of the governing body.
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| 13. |
Your co-operation in this regard and continuous efforts to manage sick leave effectively, will be appreciated.
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SIGNED: J.H. HURTER
HEAD: EDUCATION
DATE: 2006:09:01
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