How Many Days Can I Be Off Sick Without a Doctor’s Note in South Africa?

In South Africa, you can be off sick for up to two consecutive days without needing to provide a doctor’s note. According to the Basic Conditions of Employment Act (BCEA), an employer may require a sick note from a registered medical practitioner if an employee is absent for more than two consecutive days or if the employee has already taken two sick days within an eight-week period.

This means that if you are sick for just one or two days, you are generally not required to provide a medical certificate. However, if you are sick for three or more consecutive days, or if you take more than two sick days within eight weeks, your employer can legally request a doctor’s note to verify your illness.

Here are 5 key points to consider about sick leave and doctor’s notes in South Africa:

1. Two-Day Rule: Under the Basic Conditions of Employment Act (BCEA), you can be off sick for up to two consecutive days without needing a doctor’s note. If your absence extends beyond two days, your employer can legally require a medical certificate.
2. Frequent Short Absences: If you have taken two or more sick days within an eight-week period, your employer can request a doctor’s note for any additional sick days, even if they are less than three consecutive days.
3. Paid Sick Leave Entitlement: South African employees are entitled to 30 days of paid sick leave over a three-year cycle. However, employers may require a doctor’s note to access this entitlement, especially for absences exceeding the two-day rule.
4. Employer Discretion: While the law allows up to two days off without a doctor’s note, some employers may have stricter policies outlined in your employment contract or company policy, requiring documentation even for shorter absences.
5. Non-Compliance Consequences: Failing to provide a doctor’s note when required by your employer could result in unpaid leave for those days, or even disciplinary action, depending on your employer’s policies and the circumstances of your absence.