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Why you must follow the correct entitlement and regulations for your employees' sick leave cycle

by , 08 April 2015
When it comes to a general definition, a Sick leave cycle equals a period of 36 months' employment with the same employer immediately following an employee's commencement of employment; or the completion of that employee's prior sick leave cycle.

Keep in mind that during every sick leave cycle, an employee is entitled to an amount of paid sick leave equal to the number of days an employee would normally work during a period of six weeks. Also, during the first six months of employment, an employee is entitled to one day's paid sick leave for every 26 days worked.

Here are some important sick leave regulations you need to know about.

Sick leave regulations: What the law says

- Note that sick leave must be granted on the grounds of incapacity to work due to sickness or injury.

- In terms of the Basic Conditions of Employment Act, you may take 30 working days' sick leave during any cycle of 36 consecutive months of employment, provided that in the first six months of employment the company will grant one day's paid sick leave for every 26 days worked.

- Another aspect refers to the fact that should an employee exhaust his paid sick leave,  then he won't be entitled to any further paid sick leave during the period concerned.  

- Also, an employee who needs to be absent from work for reasons of sickness or injury, must either personally, or through another person, notify the company immediately of the reason for the absence and the expected duration of the absence.

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- The same act states that should the absence extend for more than two consecutive days or on more than two occasions during an eight-week period, the company must be provided with a certificate from a registered medical practitioner immediately upon return to work, failing which the company may decline to pay for the sick leave taken. The medical certificate is to state the nature of the sickness or injury, the date upon which the member became unfit to work and  the date when he's fit to resume work.

Note: The medical certificate must also clearly indicate the name, telephone number and address of the medical practitioner consulted.

- Keep in mind that on termination of employment, the company can deduct any sick leave taken in excess of the days allowed from the final payment due to the staff member (subject to your employee's consent).

- The company's sick leave regulations are governed by the Basic Conditions of Employment Act.

- Moreover, the sick leave provisions don't apply to an inability to work caused by an accident or occupational disease as defined in the Compensation  for Occupational Injuries and Diseases Act, 1993 (Act No 130 of 1993), except for any period during which no compensation is payable in terms of this Act).

Keep this in mind and make sure there are no mistakes when it comes to working out your employee's sick leave cycle!


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Comments
1 comments


Bonginkosi 2015-06-05 12:29:17

My question regarding sick leave is for a flexi permanent worker who have worked for one company for morning than 12 years. Is the company allowed to refuse that person sick leave because his leave cycle has just started so he haven't accumulated enough sick leave so he won't be paid. If that is the case then companies need to display a number of accumulated sick leave in every employees payslip as they do with annual leave ? They need to inform their employees of the start and the end of everyone's leave cycle ?

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