Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination No 5: Learnerships22. Proof of Incapacity |
| (1) | An employer is not required to pay a learner in terms of clause 21 if the learner has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the learner was unable to work for the duration of the learner's absence on account of sickness or injury. |
| (2) | The medical certificate must be issued and signed by a 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. |
| (3) | If it is not reasonably practicable for a learner who lives on the employer's premises to obtain a medical certificate, the employer may not withhold payment in terms of subclause (1) unless the employer provides reasonable assistance to the learner to obtain the certificate. |