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Workers may take the number of days they would normally
work in a 6-week period for sick leave on full pay in a 3-year
period. Employers may insist on proof of illness before paying
a worker for sick leave.
Application
The Basic Conditions of Employment Act applies to all
employers and workers, but not -
o members of the
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o National Defence Force,
o National Intelligence Agency, or
o South African Secret Service; or
o unpaid
volunteers working for charity.
The section of the Act that regulate working hours does not
apply to:
o workers in senior management
o sales staff who travel and regulate their own working
hours
o workers who work less than 24 hours in a month
o workers who earn more than R115 572 per year
o workers engaged in emergency work are excluded from
certain provisions.
Application for Sick Leave
The provisions for sick leave do not apply to -
o workers who work less than 24 hours a month
o workers who receive compensation for an occupational
injury or disease
o leave over and above that provided for by the
Act.
Number of sick days
Workers may take the number of days they would normally
work in a 6-week period for sick leave on full pay in a 3-year
period.
However, during the first 6 months of employment, workers
are only entitled to 1 day of paid sick leave for every 26
days worked.
Based on Legislation in Section
22, of the Basic Conditions of
Employment Act
Proof of Illness
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).
Based on Legislation in Section
23, of the Basic Conditions of
Employment Act |