(1) Where an employee has been—
(a) continuously ill for a period exceeding twenty six weeks such that he or she is no longer capable of adequately performing his or her job; or
(b) injured in a manner that makes it difficult or impossible for him or her to continue to perform his or her job,
the employer, after a registered medical practitioner has certified such incapacity and it is determined that the employee is incapable of performing his or her job, may dismiss the employee if such incapacity presents an undue hardship to the business or enterprise.
(2) Where an employee has taken sick leave frequently with or without a medical certificate such that the employer reasonably determines that such absences present an undue hardship to the business enterprise or amounts to an abuse of sick leave provisions under this Act, the employer may dismiss the employee.
(3) The burden of proving that the employee's sick leave absences were abusive or that such absences present an undue hardship to the business enterprise shall rest on the employer.