Dear PMSL:
If an employee has used up all of his/her paid sick leave entitlement by taking two days sick leave at a time, not covered by a medical certificate, what happens if he/she then gets sick and present, a medical certificate?

PMSL's Response:
A “medical certificate” from a doctor does not entitle an employee to anything. A doctor cannot grant sick leave – only an employer can do that. All a doctor can do is recommend that a certain number of days absence is necessary for the employee’s recovery from a specific ailment.

If the employee has a good performance record the employer may allow the employee to apply for an extension of the sick leave, which the employer may grant with or without pay, but this is not an entitlement. The employee, if it is the company policy, may be eligible to apply for such a benefit, but eligibility and entitlement is not the same thing.

The rule is that an employee is not entitled to pay for anytime not worked outside of the absences granted by law or by specific contractual agreement.