1. The procedure for the management of the 8-week Rule is set out in Circular 0027/2006 of 8 June 2006.

2. To ensure the efficient application of the rule, principals, educators and public service personnel are reminded of the following, which encapsulates Circular 0027/2006 of 8 June 2006:
2.1 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"),

  1. 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,

  2. Irrespective of how many days have been used, the employee must submit a medical certificate from a registered medical practitioner for every three or more consecutive days of sick leave used, specifying the duration of absence. However, in instances where a pattern in the use 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.
2.2 Provision is made in Chapter 3, section 23 (1) of the Basic Conditions of Employment Act, 1997 for the implementation of 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, at the request of the employer, the employee does not produce a medical certificate stating that he or she was unable to work for the duration of the absence on account of illness or injury.
2.3 The Minister for the Public Service and Administration has determined that the current leave directive for the public service must be extended to include the 8-week Rule and that the following further directive must also be applied:

  1. An employee in his or 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 he or she was unable to work for the duration of the absence on account of illness or injury.

  2. On completion of a leave form, employees should indicate that, where they are not in compliance with the 8-week Rule, the employer should use their vacation leave credits or, if no vacation leave is available, that leave without pay should be implemented.

  3. The 8-week period shall be a calendar period and shall commence on the first day of an employee's absence owing to illness or injury. Any subsequent day(s) of absence owing to illness or injury after the above-mentioned period, must then be regarded as the first day of the next 8-week period.
3. Kindly bring the content of this circular to the attention of all employees who report to you.


SIGNED: PA VINJEVOLD
HEAD: EDUCATION
DATE: 2013:04:04