Should E-Medical Certificates Be Deemed As Valid?

We hold the view that virtual consultations with certified medical practitioners and the provision of digital medical certificates for employee sick leave should generally be deemed as valid and on par with traditional in-person medical consultations and certificates in South Africa.

Here are the crucial points:

1. The Electronic Communications and Transactions Act 25 of 2002 legally validates data messages, which would include a digital medical certificate. Section 12 affirms that a legal requirement for a document to be in written form is satisfied if the document is a data message and can be referred to later. Section 13 discusses electronic signatures.

2. The Basic Conditions of Employment Act in section 23 mandates a medical certificate to be issued and signed by a medical practitioner for paid sick leave to be approved. It doesn’t dictate that the consultation must be face-to-face or that the certificate can’t be digital. As long as the virtual consultation is conducted by a duly registered medical practitioner, it should comply with this requirement.

3. The Health Professions Act Rules concerning the registration of medical practitioners don’t seem to restrict virtual consultations and the provision of digital certificates, as long as the standard professional and ethical duties are observed in the virtual setting. Proper patient evaluation, record-keeping, and confidentiality remain obligatory.

4. There could be cases where a virtual consultation isn’t suitable if a physical examination is clinically necessary to accurately diagnose the patient’s condition and decide if sick leave is justified. The medical practitioner would need to apply their professional discretion.

5. Sick notes obtained through virtual consultation could potentially lead to misuse, so it might be wise to have some safeguards and guidelines. However, generally, if a proper clinical assessment is performed, they should be regarded as legitimate.

In conclusion, while virtual medical consultations and digital certificates are relatively new phenomena, the existing legal framework in South Africa accommodates them, provided that the standard professional and ethical norms that apply to traditional consultations are maintained.

Therefore, employers should generally accept valid digital sick notes issued by registered practitioners following a comprehensive virtual clinical assessment.

More specific guidelines for the virtual setting might be beneficial to address any potential concerns.