Inside this issue...

- Can I dismiss my sick employee?

Dear reader,

This topsy-turvy weather (sometimes very wet, and then very warm) is doing the whacky with my colleagues. Everyone seems to be developing a case of the sniffles. In an open-plan office, this is even worse: the germs just seem to be rotating.

In my opinion, the best thing to do when you’re sick is stay home for a day, recuperate, and return happy and healthy. You might think it’s admirable to soldier on through the hacking and gagging, but believe me, you’re not doing anyone any favours!

Sick leave is tricky though...you’ve put parameters in place for your employees, for a reason. What if your employee has used all his sick leave, but produces a medical certificate claiming a genuine illness, which requires he stay off until further notice?

Can I dismiss my sick employee?

Question
My employee has used all his available sick leave, is currently off sick and is claiming UIF.  He supplied a medical certificate but the end date only states: “until further notice” and it seems he will only return to work next year.

Must I hire a temporary worker until my employee returns or can I dismiss him and hire someone else who can do the work I require?

Answer
You need to determine whether the employee is incapacitated. You’re not always obliged to continue employing someone if he’s incapacitated due to ill health and in certain circumstances, you can terminate his services after consulting fully with him on the matter. If he’s simply going to be off for awhile but will be well enough to work again, you can hire a temp to fill in for him.    

                                                                              
Yours sincerely,

Lucelle Buchler
Editor-in-Chief

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