SchoemanLaw - Fraudulent Medical Certificates : What Can Employers Do?
SchoemanLaw - Fraudulent Medical Certificates : What Can Employers Do?



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SchoemanLaw - Fraudulent Medical Certificates : What Can Employers Do?

2018-12-10

Introduction

During this time of the year many Employees and Employers are struggling with extreme exhaustion and in some cases are even on the brink of burn-out. This becomes problematic when these exhausted Employees do not have any annual leave left to apply for. Some Employees would then arrange "a paid-for holiday" for themselves by submitting fraudulent Medical Certificates to their Employers when they were never ill and/or never sought medical treatment at all.

What can Employers do? How will Employers be able to determine that the purported Medical Certificate that has been submitted, is in fact not authentic? If the Employer has established that the Medical Certificate is in fact, inauthentic, what will the next step be?

Employers must verify the authenticity of the Medical Certificate

The Employer has the right to request that the Original Medical Certificate be submitted to the Employee. Furthermore, the Medical Practitioner's name, address, telephone number and Practice Number must appear on the Medical Certificate. The Employee's name must be clearly written and/or typed out. Furthermore, it must be clear from the said Certificate on which date did the Employee first sought Medical Treatment and if the Employee is deemed to be unfit for work, when the Employee will be able to return to work. The Employee's illness does not have to be disclosed in full detail, but the Employer must be able to determine from it that the Employee is in fact not well enough to work. It is of paramount importance that the Medical Practitioner  had signed the Medical Certificate. It is advisable that only Medical Certificates containing handwritten signatures must be accepted by Employers.

Employers also have the right to contact the Medical Practitioner to determine if the Employee had in fact seen the Medical Practitioner as was alleged by him/her. It is important that Employers do not accept Medical Certificates that have been back-dated. If Employees were unable to see a Medical Practitioner on their first day of becoming ill, they should indicate that, otherwise they may be guilty of being dishonest and/or of abusing their sick leave.

Employees often make copies of authentic Medical Certificates and then change the dates and submit it to Employers as authentic Medical Certificates. One way that Employers can prevent this from happening is to always keep the Original Medical Certificates on the Employee's personnel file and never to hand it back to the Employee.

What must Employers do after it has been established that the Medical Certificate is fake?

The Employer must place the Employee on paid suspension pending the Disciplinary Hearing and to provide the Employer with adequate time to finalise the investigation.

The Employee must then be given a charge sheet indicating that he/she has been charged with either falsifying their Medical Certificates and/or submitting inauthentic Medical Certificates. It is important to note that the Employer will have to produce evidence at the Disciplinary Hearing confirming that the Medical Certificate is in fact inauthentic. This might also include requesting the Medical Practitioner to testify at the said Hearing. Employers should furthermore take note that most Medical Practitioners are reluctant to testify at Disciplinary Hearings which would thus lead to the Employer being unable to prove the Employee's guilt.

Conclusion

Employers should scrutinise Medical Certificates submitted by their Employees. Employers should also take the time to verify the authenticity of these Certificates. Should Employers suspect that Medical Practitioners back-date Medical Certificates, Employers must issue a Notice to their Employees stating that Medical Certificates signed by certain Medical Practitioners would henceforth not be accepted to eliminate such fraudulent practices. 

Contact SchoemanLaw Inc for expert advice and assistance on all Employment-related matters. Visit our website at https://www.schoemanlaw.co.za/ for more information about all the legal products and services that SchoemanLaw Inc offers.





SchoemanLaw - Fraudulent Medical Certificates : What Can Employers Do?

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