Fraudulent sick notes: Legislation and consequences

Author: Vishanya Dipllal

In today’s competitive and complex work environment, employee absenteeism is a significant concern for employers. While genuine sick leave is a necessary and protected right, the misuse of sick leave through the submission of fraudulent sick notes can have serious repercussions for both the employee and the employer. Understanding the legislation and potential consequences surrounding fake or tampered sick notes is therefore critical.

Legislation governing sick leave

The Basic Conditions of Employment Act provides a clear framework for sick leave. Employees are entitled to paid sick leave equal to the number of days they would normally work in a six-week period during every 36-month cycle, or one day per 26 days worked in the first six months of employment, and the full allocation becomes due from the seventh month. This entitlement ensures that employees have the necessary time to recover from illnesses without fear of losing their income.

However, the BCEA also stipulates that employers have the right to request a medical certificate for sick leave taken. The medical certificate must be issued and signed by a registered medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.

This is required if the employee is absent for more than two consecutive days or on more than two occasions during an eight-week period. The legislation aims to balance the rights of employees to take necessary sick leave with the employer’s need to manage absenteeism effectively.

Submitting a fraudulent  sick note is a serious offense and can lead to significant consequences. Here are some potential repercussions for employees caught submitting fraudulent medical certificates:

1. Disciplinary action: Employers have the right to take disciplinary action against employees who submit fraudulent sick notes. This can range from a formal warning to dismissal, depending on the severity of the misconduct and aligned to the organisation’s internal (sick) leave  policy and disciplinary code.
2. Termination of employment: Falsifying a sick note constitutes a breach of trust and dishonesty, which are grounds for summary dismissal in many companies. Trust is a fundamental component of the employer-employee relationship, and breaching this trust through dishonesty can lead to immediate termination, upon following correct disciplinary processes.
3. Damage to reputation: Being caught submitting a fraudulent sick note can severely damage an employee’s professional reputation. This can lead to difficulties in finding future employment, as potential employers may view the individual as untrustworthy.

To mitigate the risk of employees submitting fraudulent sick notes, employers can adopt several preventative measures and best practices:

• Clear policies: Establish and communicate clear policies regarding sick leave and the submission of medical certificates. Ensure that employees understand the consequences of submitting fraudulent documents.
• Contracts of employment: Include a clause which clearly articulates the employee’s obligations and the employer’s expectations and consequences relating to sick leave.
• Verification procedures: Implement procedures to verify the authenticity of medical certificates. This can include contacting the issuing medical practitioner or using specialised software to detect fraudulent documents.
• Employee support: Foster a supportive work environment where employees feel comfortable discussing health issues. This can reduce the temptation to falsify sick notes due to fear of negative repercussions for genuine illnesses.
• Regular training: Provide regular training for employees and managers on the importance of honesty and integrity in the workplace, as well as the legal and organisational consequences of submitting fake sick notes.

HRTorQue is well-positioned to support companies in navigating the complexities of sick leave management, ensuring compliance with legislative requirements while promoting a healthy workplace culture. Our expert team can guide you in setting up clear sick leave policies, implementing verification processes and providing training to foster transparency and mutual respect between employers and employees alike.

With our assistance, businesses can minimise the risk of fraudulent sick notes and strengthen trust within their teams, leading to more efficient operations and a stronger, more engaged workforce.