We all have days when we feel too ill to come to work. We also sometimes have days when we just want (or need) a day off and decide to take a sick day. If you're one of the latter, it's not just you.
Section 22(1) to 22(4) of South Africa’s Employment Act stipulates that during each 36-month cycle starting from the first day at work, an employee is entitled to a paid sick leave. And this should be equivalent to the exact number of days that they usually work in a typical 6-week period. This, therefore, means that in case the employee works five days per week, then they are entitled to a 30-day sick leave on full pay. On the other hand, if the person works six days per week, then they will have a 36-day sick leave on full pay. When distributed across the three years, one may have a 10 to 12-days paid sick leave per year on average.
\However, during the first six months of employment, one is only entitled to a one-day paid sick leave in every 26 days that they will have worked. Note that any sick leave days that are taken during this period usually are deducted from the 36-month entitlement. If a person uses up all his/her sick leave either at the beginning or in the course of a cycle, then they will not have any sick leave available to them for the remaining period, and any further requirement will just be treated as unpaid leave. Read more: https://briefly.co.za/25831-how-sick-leave-work-south-africa-2021.html
You should always consider that employers can also insist on proof of illness (doctors’ note and so on) before paying a worker for sick leave.
The Basic Conditions of Employment Act applies to all employees and workers, but;
- South African Secret Service
- Unpaid volunteers working for a charity.
- Members of the National Defence Force,
- National Intelligence Agency,
APPLICATION FOR SICK LEAVE:
The provisions for sick leave do not apply to;
- Workers who work less than 24 hours in a month,
- Workers who receive compensation for an occupational injury or disease,
- Leave over and above that provided for by the Act.