Sick Leave South Africa | Basic Conditions & Days Allowed per Year

The South Africa Employment Act gives employees the right to avail of two paid sick leaves or more upon providing the medical certificate. To become eligible for sick leave in South Africa, the employee and employer are subjected to some conditions.

This article put forward these conditions and a few situations regarding paid sick leaves in South Africa, so dive right in.

Basic Conditions of Employment Act Sick Leave

The basic conditions of sick leavers under the Employment Act in South Africa are as follows:

• The sick leave cycle refers to the 36-month period of employment with the same employer. In these two conditions, an employee commences employment or completes that employee prior to the sick leave cycle.
• During the defined sick leave cycle, the employee will receive a paid sick leave equal to the number of days the same employee has normally worked during six weeks.
• For the first six weeks of the employment, the employee will get one day’s paid sick leave for every 26 days they have worked.
• During the first sick leave cycle of the employee, the employer has the right to reduce the employee’s right to sick leave in cases of the second condition by the number of days.

Moreover, the basic conditions of the Employment Act sick leave applies to all employers, except the ones mentioned below.

• Members of the National Defence Force, members of the National Intelligence Agency, and members of the South African Secret Service.
• Unpaid volunteers, currently working in charity.

Also, the working hour restrictions do not apply to the following employees.

• Those working in senior management.
• Sales staff who regulate their own working hours according to travel.
• Workers whose working hours are less than 24 hours in a month (especially those engaged in emergency work).

How Many Sick Leave Days Per Year?

Generally, under the South African Employment Act, the number of sick leaves depends on the number of days an employer normally works in a 6-week period for sick leave. During this time, they will be on full pay for a 3-year period. That said, as discussed above, workers can only get one day of paid sick leave for every 26 working days during the first six months of employment.

Medical Certificates for Sick Leave in South Africa

A medical certificate is a document, which is issued and duly signed by a certified personnel registered with a professional council, who has diagnosed and treated the employee. It can be a psychologist, primary care physician, dentist, intern, and even nurse.

Please note that a few sangomas (traditional healers) are registered with a professional association. However, it is only a voluntary registration and will be excluded from the list of individuals having the right to issue a medical certificate. Here are some things you must note about the medical certificates for sick leaves.

• If the employee is sick for only one or two days, he/ she may not provide a medical certificate to be granted a paid sick leave by the employer.
• If the employee is sick for more than two days without a medical certificate, the employer is not subjected to pay the employee for the leave. This condition implies that the employee must provide a medical certificate on the third day to receive the pay.
• This certificate is also mandatory for anyone who was absent more than twice in a period of eight weeks.
• Simply put, a medical certificate acts as indirect evidence of the employee’s illness, as examined by the doctor. However, in this certificate, it is only stated that the employee is ill and the doctor was informed about this illness. Hence, this certificate cannot be used as proof that the person was in fact ill.

Can Employers Accept Clinic Notes as Medical Certificates?

Well, it usually depends on who has signed or issued the note. If it is a professional registered with a council like the Health Professions Council of South Africa, an employer may accept the clinical note. However, if the note is an attendance note, it will not be recognized for sick leave.

When Does The New Sick Leave Cycle Start?

Typically, the South Africa Employment Act suggests that one sick leave cycle covers around 35 months, which is roughly three years. Once this term is complete, your second or new sick leave cycle automatically starts. So, the first day of the 36th month will mark the new sick leave cycle.

In addition, on the first working day of month seven, the balance of full entitled sick leave is over and if there are any remaining leaves for the employee, he/ she may use it for the next 2 to 5 years. If it is already your second cycle, the time period becomes 3 years.

One Day Sick Leave Without Medical Certificate

Yes, you can avail of up to two days of paid sick leave without providing a medical certificate. As per the Employment Act, the employee is not responsible for booking their appointment with the physician or any other registered professional for the first two days.

However, in case the person has not provided the certificate by the third day, he/ she will not be able to grant the payment for the third day and days onward.

How to Calculate Sick Leave Days in South Africa?

As discussed in the Employment Act of South Africa, the number of sick leaves depends on the number of days an employer normally works in a 6-week period for sick leave. Using this logic, an employee who works around 5 days per week can get 30 days every 36 months.

Similarly, an employee working for around 6 days per week is entitled to 36 days of sick leave during 36 months. However, an employee who works Monday to Friday plus every other Saturday is entitled to 33 (30 + 3 Saturdays) days of sick leave.

So, to calculate your sick leave days according to the Employment Act, you just have to take the average of the proceeding 13 weeks. Simply put, you have to multiply your number of working days by 6 for one sick leave cycle, which is 36 months.

However, if it is your first six months of employment, you are only entitled to one day of paid leave for every 26 working days. Any other leave than this will be considered unpaid.

• If your working days vary, you can take the average of the upcoming 13 weeks. If the person has not worked for 13 weeks, you are to use one day for every 26 working days.

How to Calculate the Payment of Sick Leaves in South Africa?

Usually, the payment for sick leave is calculated from the employee’s normal wage or salary. For instance, to convert the employee’s monthly payment to a daily rate, their gross monthly payment before any tax deduction is divided by 4.3. This will give you a weekly rate, which is then divided by 5 to give you a daily rate, divided by the number of hours the employee has worked in a day.

However, in some cases, the employment agreement has a reduced pay according to which the employee is entitled to any day of absence in the following conditions. One if the number of sick leave days is increased (the payment is deducted for the extra days from the daily wages) or the employee’s right to pay for any sick day leave is at least 75% of the wage payable to the employee for the normal wage.

• Certain employers reach such an agreement with employees that their payments for sick leave will be at, let’s say, 75 percent of the employee’s regular wage.

FAQs

Finally, the South African Department of Law has made it convenient for employees to take paid leave in cases of illness. However, they should be approached by the employees responsibly, or else they will be up for a serious penalty. I hope this guide was helpful for anyone figuring out whether they are eligible for the paid sick leave.