Au Pair Extraordinaire
 
Basic Guide to Sick Leave 
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(Information taken from www.labour.gov.za)

Basic Guide to Sick Leave

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 -

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

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