Understanding Sick Leave Provision

The Basic Conditions of Employment Act 1997 defines the type of leave provisions to employees and of these, sick leave may be the most exploited. During every sick leave cycle, an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks.

Despite subsection (2) of the Act, which refers to the regulation of work hours, during the first six months of employment, an employee is entitled to one day's paid sick leave for every 26 days worked. Subject to section 23, an employer must pay an employee for a day's sick leave (a) the wage the employee would ordinarily have received for work on that day, and (b) on the employee's usual pay day.

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.

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).

Sections 22 (1) through 22 (4) of the Act are reasonably clear. During every 36-month cycle, commencing from the first day of employment, the employee is entitled to be given paid sick leave equal to the number of days he normally works in a six-week period. Therefore, if the employee works a five-day week, his sick leave entitlement in every 36-month cycle is 30 days on full pay. If he works a six-day week, then his entitlement is 36 days on full pay.

During the first 6 months of employment, the employee is entitled to only 1 day paid sick leave in every 26 days worked. Any sick leave days taken during the first six months of employment is deducted from the full 36 months entitlement. On the first working day of month number 7, the balance of the full entitlement kicks in and is available to the employee. The employee can use those sick leave days at any time required over the next 2,5 years, or if it is the second cycle, over the next 3 years.

Employers must note that the sick leave is not 10 days per year, or 12 days per year, or 0, 83 days per month. It is 30 days (or 36 days) in every three-year cycle. If the employee uses up all his available sick leave at the beginning of the cycle or during a cycle, then he has no more sick leave available for the balance of those 36 months – and therefore any further requirement will be taken as unpaid leave.

Payment for sick leave is calculated at the employee’s normal wage rate or normal salary. To convert monthly payments to a daily rate, the monthly gross before deductions is divided by 4.3, which gives a weekly rate, and in the weekly rate is divided by 5 which gives a daily rate. The daily rate is divided by the number of hours ordinarily worked in a day, to arrive at an hourly rate. Weekly wages are simply divided by 5 to arrive at a daily rate. Employees should remember that sick leave is specifically for times of illness, not for other uses. Misuse, particularly if it disrupts business, may lead to disciplinary actions. It is important to communicate with your employer about excessive sick leave to avoid misunderstandings.

Furthermore, employers may require proof of illness, such as a medical certificate, to validate sick leave. This ensures the system's integrity and fairness within the workplace.

Anisha Naidoo

HR Manager

Reference

(2023) Sick leave, Labour Guide South Africa. Available at: https://labourguide.co.za/employment-condition/sick-leave (Accessed: 26 March 2024).