We get a lot of questions regarding the leave of employees who receive ancestral callings and need time off from work to attend to them.
The following points are important to note when advising an employer on these matters:
- Medical certificates from traditional healers may be accepted if the traditional healer is registered;
- Leave for ancestral callings can only be approved by taking factors into consideration such as the nature and impact of the absence, the employee’s work performance and record, and the availability or alternative arrangements;
- An employer may investigate the prolonged absence to determine if it is misconduct or incapacity;
- The employer may, when assessing the situation, request the employee to undergo an independent medical examination at a traditional healer of their choice or medical practitioner, if the employer has grounds to doubt the current validity of the certificate or letter;
- An employer will still be entitled to continue with disciplinary action if there is no valid letter or certificate to justify leave or if the employee fails to attend a secondary examination as arranged by the employer.
The above rules have always been in place and our attention is again drawn to the importance of taking cultural and religious beliefs into consideration before merely taking disciplinary action.
It is also wise to contact the HPSCA to determine the registration of a traditional healer or the THPA (Traditional Health Practitioner Association).
Each case will have to be determined on their own merits before leave is granted and/or approved.