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.
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 regulates 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.
Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.
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
Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.