Sick leave is defined as “an absence from work permitted because of an illness and the number of days per year for which an employer agrees to pay employees who are sick.”

Legislation clearly defines the management of sick leave for full time employees; however, companies still face the challenge of managing the abuse of sick leave. According to the Basic Conditions of Employment Act (BCEA), an employee is entitled to six weeks paid sick leave in a period of 36 months.

During the first six months an employee is entitled to one day’s paid sick leave for every 26 days worked.

The provisions for sick leave do not apply to:

• Employees who work less than 24 hours a month.
• Employees who receive compensation for an occupational injury or disease.
• Leave over and above that provided for by the Act.

Challenges faced by businesses:

• Employees want to use their sick leave from the next cycle before it becomes due since all current sick leave has been used up.
• Employees want to take a long period of sick leave soon after being appointed.
• Patterns of employees frequently taking sick leave on a Monday or Friday.
  

Regarding employees who wish to take sick leave soon after being appointed, the BCEA limits paid sick leave during the first six months of employment to 1 day for every 26 days worked.

Disciplinary action can be taken against employees who are regularly absent on Mondays or Fridays, if the employer can prove that the employee was not sick.

An employer may require a medical certificate before paying an employee who is absent for more than two consecutive days or who is frequently absent. The medical certificate must be issued and signed by a medical practitioner or any other person who is certified to treat patients, and who is registered with a professional council established by the Act of parliament.

Procedures to follow:

• When an employee is absent from work due to illness, he/she should notify their line manager immediately or in some instances the human resource department.
• Once the employee has seen a doctor and received a sick note, he/she should inform the line manager of the expected date of return.
• Once the employee is back at work, a sick leave form should be completed together with the sick note attached.
• Factors to monitor with regards to the abuse of sick leave: the amount of time taken for each absence, frequency of sick leave taken, the specific days that are taken such as the day before or after a weekend or public holiday, and any other discrepancies.
  

Reference: www.hrpulse.co.za

Prishana Datadin | Human Resources Manager