Case Study – Absenteeism

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Scenario:

James commenced employment on the 1st March 2017 and was placed on a three (3) month contract.
In April, James did not report to work for 3 days – he was absent on a Wednesday, Thursday and Friday. On Monday, when he returned to work, he did not report directly to management and explain the reason why he was absent.

On the same Monday afternoon, James left work before his shift ended.

On Tuesday, he returned to work.

Questions:

  1. Is James entitled to sick leave?
  2. On Monday, when James reported for work, what did you do?
  3. When James reported for work on Tuesday, what did you do?

Answers:

1. According to the Basic Conditions of Employment Act, sick leave is granted when an employee is unable to work on account of sickness or injury.

Section 22 of the Act – Sick Leave states that:

  • During the first 6 months of employment, workers are only entitled to 1 day of paid sick leave for every 26 days worked
  • 30/36 days sick leave is granted in a 3 year cycle
  • Sick leave does not accumulate
  • Sick leave provisions do not apply to periods when an employee is permanently or temporarily disabled.

2. On Monday, Management must conduct a return to work interview to ascertain (1) where he was for the past 3 days, (2) whether he was ill and consulted a doctor, (3) did the doctor book him off and (4) does James have a medical certificate to account for his days of absence? Furthermore, record the discussion and write down James’ response to your questions. Remind James of the Company rules and that he must (1) contact management in the case of absence and (2) obtain a valid medical certificate.

3. James’ behaviour is unacceptable and must be addressed immediately. Formal discipline will be required due to the fact that:
James was away from work for 3 consecutive days:

  1. He is not entitled to sick leave; and
  2. He deserted his workplace/shift without management approval.
  3. To address the above, a disciplinary hearing should follow.

Pro-Act HR and IR Consultants can assist to ensure that the correct procedures are followed.

Published 25.09.2017
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