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