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Is your employee always entitled to paid sick leave? Let's find out!

by , 12 March 2015
Your employee isn't feeling well and needs a few days of sick leave. But how do you know if he really IS entitled to it and for how long he can take paid sick leave?

You turn to the law, of course.

And this is what it says...

Labour law and sick leave: What you need to know

The first thing you should know is that a sick leave works in cycles.

According to labour law, an employee is entitles to one day's sick leave for every 26 days he/she has worked for you during the first six months of employment. And after these 6 months, your employee is entitled to take the number of days he normally works for six weeks during every three year cycle. 

Basically, this means that for every three-year sick leave cycle, if your employee works five days a week, he will be entitled to 30 days of paid sick leave. I If he works six days a week, he will be able to receive 36 days of paid sick leave.

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Does this sick leave requirement apply to anyone?

Well, not quite. 

If your employee works less than 24 hours a month or receives compensation for an occupational injury or disease , these provisions don't apply to him. Also, if your employee has been absent from work for a period longer than two days in a row or more than twice within eight consecutive weeks, he may have to produce a valid medical certificate to qualify for paid sick leave. Otherwise you won't be obliged to pay him for those sick days. 

You must remember that the medical certificate brought by your employee must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is also registered with a professional council established by an Act of Parliament.

So if you keep a good track record of your employee working time and the legal provisions, you will no longer have to worry about not knowing if he is entitled to any paid sick leave or not.  

And if you have any inquiries about sick leave and your legal rights ask our experts on our Leabour and Human Resources Club.

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