The South African Workforce vs Sick Leave

The Basic Conditions of Employment Act, No. 75 of 1997 (BCEA), sets out the minimum standards for sick leave for all employees covered by the Act. It also guides employers on their responsibilities regarding sick leave.

What is the “Sick Leave Cycle”

• A “sick leave cycle” is 36 months (3 years) of continuous employment with the same employer.

• During each cycle, an employee is entitled to the number of days they normally work in a six-week period as paid sick leave.

  
  

Example:

• If you work 5 days a week, you get 30 days’ paid sick leave in a 3-year cycle.

• If you work 6 days a week, you get 36 days’ paid sick leave in a 3-year cycle.

The first six months of employment are handled differently

• During the first 6 months with a new employer, an employee earns 1 day of paid sick leave for every 26 days worked.

• After 6 months, the full sick leave entitlement for the 3-year cycle becomes available.

• If the employee was sick for 2 days in the first 6 months and is still employed by the company after 6 months, they have 28 days left in their cycle.

Medical certificates

• An employer may require a medical certificate if:

  • The employee is absent for more than 2 consecutive work days, or

  • The employee is absent on more than 2 occasions during an 8-week period.

• The certificate must be issued by a registered medical practitioner, such as a doctor, dentist, or (in some cases) a traditional healer recognised by law.

Payment during sick leave

• Sick leave must be paid at the employee’s normal rate of pay.

• Employers cannot reduce pay or benefits for days properly taken as sick leave.

Unpaid sick leave

If an employee:

• Has used up their paid sick leave, or

• Doesn’t produce a valid medical certificate when required,

the employer does not have to pay for those days. No work, no pay.

Important to note

• Sick leave is separate from annual leave and family responsibility leave.

• Public holidays during sick leave do not count as sick leave days.

• Part-time and temporary employees are also entitled to sick leave, calculated proportionally.

• If the employee did not use all or some of his sick leave during the 3-year cycle, it does not roll over to the next cycle; it expires.

Domestic workers

Domestic workers have the same sick leave rights as other employees under the Basic Conditions of Employment Act (BCEA). The law specifically includes them.

Points to remember:

• Same sick leave cycle: 36 months (3 years).

• Same entitlement: The number of days normally worked in six weeks.

  
  
  
  

  • For example, if your domestic worker works 3 days a week, they get 18 days of paid sick leave every 3 years.

• First 6 months: Earn 1 day of paid sick leave for every 26 days worked.

• Medical certificate: May be required after 2 consecutive sick days or 2 absences in 8 weeks.

• Payment: Must be at the worker’s normal rate of pay.

Tip for employers:

It’s best to keep a written record of sick days and payments, even for domestic workers, to stay compliant with the BCEA and for UIF (Unemployment Insurance Fund) purposes.

Contract / fixed-term employees

Fixed-term or temporary employees are also covered by the BCEA — as long as they are employees, not independent contractors.

Points to remember:

• If the contract is longer than 6 months, the full sick leave cycle rules apply.

• If the contract is shorter than 6 months, the employee earns 1 day of sick leave for every 26 days worked — the same rule that applies to new employees in their first 6 months.

• Employers must still pay for sick leave at the employee’s normal rate.

• If the employee’s contract ends before the 3-year cycle, they simply don’t get the full cycle — only the sick leave earned during their employment.

Independent contractors (Important distinction)

Independent contractors (self-employed individuals who invoice for their services) are not employees under the BCEA.

They therefore do not qualify for statutory sick leave — any time off or pay during illness must be agreed upon in their contract.

Conclusion

It is important for employers to monitor employees' sick leave trends, check sick notes, and ask questions. It is your right as an employer, as you are the one paying for the sick leave. If an employee is really sick for an extended period, you might need to initiate a medical incapacity process.