Nanny ill - Payment?

[Dolby]

We had twins earlier this year and got a nanny Tuesday to Friday. Life has gone past us and we haven't signed the contract (our fault).

On the whole there have been a few niggles recently with her - but Friday she 'started' feeling ill and told us since then she's not feeling great. We figured it was building up to not coming in today and... Well, she's ill today.

So my question is about paying or not paying her. So I ask for a medical certificate and if provided, I need to pay? And if not?

 

[Azbubu]

It’s just one day, pay her. Don’t be one of those people who expect someone to get a medical certificate for every little thing.

 

[bwana]

It’s just one day, pay her. Don’t be one of those people who expect someone to get a medical certificate for every little thing.

Agreed - besides, under the BCEA it's only on the third day that someone needs to provide a sick note.

 

[saturnz]

reverse the situation and ask yourself if you would want to be compensated for medical leave

 

[The_MAC]

You need to pretend there is a contract in place, and apply all the standard employment rules, which includes sick leave.

And, get the contract signed once she is better - then everyone is clear on what to expect.

I've been down this road, no contract, no work - and it must be a sound contract, complying to the laws, not an arbitrary one just made up

And as painful as it is, you need to keep a spreadsheet of all leave taken, overtime etc. So that no one gets screwed over. Even better to provide her with a mini pay slip each month. I used to do this, it eliminates any arguments when things go south

 

[Dolby]

reverse the situation and ask yourself if you would want to be compensated for medical leave

If I don't attend work either Monday or Friday, I'm asked for a medical certificate. If I provide, great - if I don't, then it's unpaid. That's pretty much most companies.

I don't think my boss will say 'argh it's day or two'

 

[Dolby]

Agreed - besides, under the BCEA it's only on the third day that someone needs to provide a sick note.

That's what I'm asking - what BCEA says with regards to a Tuesday to Friday employee. I'm pretty sure BCEA requires medical certificate on Friday /Monday.

In other words I'm curious on the legal side

 

[saturnz]

If I don't attend work either Monday or Friday, I'm asked for a medical certificate. If I provide, great - if I don't, then it's unpaid. That's pretty much most companies.

I don't think my boss will say 'argh it's day or two'

my boss did, if its a repeatable offense, then I could understand if the boss begins to question things

 

[The_MAC]

That's what I'm asking - what BCEA says with regards to a Tuesday to Friday employee. I'm pretty sure BCEA requires medical certificate on Friday /Monday.

In other words I'm curious on the legal side

She is full time according to the definition, don't know the number off hand, but that meets the minimum weekly/monthly hours criteria

 

[Dolby]

It’s just one day, pay her. Don’t be one of those people who expect someone to get a medical certificate for every little thing.

So to be clear, you don't follow BCEA?
Easier to do your own thing and that is how you run your company?

If you're hiring, I'm keen!

We don't need rules anyway!

 

[Azbubu]

That's what I'm asking - what BCEA says with regards to a Tuesday to Friday employee. I'm pretty sure BCEA requires medical certificate on Friday /Monday.

In other words I'm curious on the legal side

Nope.

May an employer require a medical certificate when the employee is absent on a Friday or a Monday, or the day before or after a Public Holiday? No! The Basic Conditions of Employment allows an employee to be “absent from work for more than two consecutive days or on more than two occasions during an eight-week period” before having to submit a medical certificate. An employee who does not work on Saturdays and Sundays, is NOT absent from work for more than two consecutive days. The employee is absent only on the Friday and the Monday (two consecutive work days) – and will only have to produce a medical certificate if he/she is also absent on the Tuesday. The second part of subsection (1) may also be used to justify this viewpoint. The employee’s absence on the Friday could be seen as the first occasion, his/her absence on Monday as the second occasion – which means that the employee has not been absent from work for… more than two occasions during an eight-week period.

Sick leave and medical certificates - Labour Guide South Africa

Sick leave, medical certificates and abuse of sick leave Employees who pretend to be too sick to work and then attend a non-work-related activity, should not expect to get away with their dishonest behaviour. By Nicolene Erasmus Updated 2022/03 What the Basic Conditions of Employment Act...

www.labourguide.co.za

 

[Azbubu]

So to be clear, you don't follow BCEA?
Easier to do your own thing and that is how you run your company?

If you're hiring, I'm keen!

We don't need rules anyway!

Don’t be snarky if you don’t know the rules.

 

[Dolby]

my boss did, if its a repeatable offense, then I could understand if the boss begins to question things

No consistency from the boss.

Ouch

 

[Dolby]

Don’t be snarky if you don’t know the rules.

I'm just trying to understand your 'argh it's only a day'.

So if she's ill tomorrow - can I ask?
Or is it then 'argh it's only two days'?

 

[Azbubu]

You’ve already been provided with the answer. Scroll up.

 

[saturnz]

No consistency from the boss.

Ouch

he paid consistently well, thats the important bit, even when I took sick leave on a Monday

 

[B-1]

If I don't attend work either Monday or Friday, I'm asked for a medical certificate. If I provide, great - if I don't, then it's unpaid. That's pretty much most companies.

I don't think my boss will say 'argh it's day or two'

That's not legal a lot of companies did that but there is case law that says it needs to be 2 consecutive days. And if you dont have a written contract but only the verbal one it falls back to standard employment terms as set out in the labour laws.

 

[MidnightZA]

Agreed - besides, under the BCEA it's only on the third day that someone needs to provide a sick note.

If employees are frequently "ill" I'm sure the employer can ask for a sick note even if it's one or two days especially if the sick day falls on a Monday or a Friday.

If you as an employer feel your employee is faking ill. Is it acceptable to ask for a sick note even in the case of one day sick leave?

 

[Not_original]

We had twins earlier this year and got a nanny Tuesday to Friday. Life has gone past us and we haven't signed the contract (our fault).

On the whole there have been a few niggles recently with her - but Friday she 'started' feeling ill and told us since then she's not feeling great. We figured it was building up to not coming in today and... Well, she's ill today.

So my question is about paying or not paying her. So I ask for a medical certificate and if provided, I need to pay? And if not?

Well let's scetch this hypothetical situation where you don't pay her. Next time, she won't say a word and come to work all feverish, making your children sick.....Pay her....

 

[Dolby]

If employees are frequently "ill" I'm sure the employer can ask for a sick note even if it's one or two days especially if the sick day falls on a Monday or a Friday.

If you as an employer feel your employee is faking ill. Is it acceptable to ask for a sick note even in the case of one day sick leave?

So that's where my gut is going - but I'm still fair and do the right thing.

She's been with us with under 6 months and Friday it started with not feeling great. Either Sunday or Monday she did go to a clinic, I hear. This clinic told her she feels bad due to high blood pressure.

I'm wondering if this clinic told her to stay off Tuesday? In other words, have they given a certificate and I can ask?