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Basic Guide to Sick Leave

by Zopedol — last modified 2012-08-06 13:48
Workers may take the number of days they would normally work in a 6-week period for sick leave on full pay in a 3-year period.  Employers may insist on proof of illness before paying a worker for sick leave.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not -

  • members of the -
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulate working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
    • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
    • workers engaged in emergency work are excluded from certain provisions.

See

Application for Sick Leave

The provisions for sick leave do not apply to -
  • workers who work less than 24 hours a month
  • workers who receive compensation for an occupational injury or disease
  • leave over and above that provided for by the Act.

Number of sick days

Workers may take the number of days they would normally work in a 6-week period for sick leave on full pay in a 3-year period.
 
However, during the first 6 months of employment, workers are only entitled to 1 day of paid sick leave for every 26 days worked.

Based on Legislation in Section 22, of the Basic Conditions of Employment Act

Proof of Illness

An employer may require a medical certificate before paying workers who are absent for more than 2 consecutive days, or who are often absent (more than twice in an 8-week period).

Based on Legislation in Section 23, of the Basic Conditions of Employment Act


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