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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 6 : Private Security Sector, South Africa

10. Sick leave

 

(1) In this clause "sick leave cycle" means the period of 36 months uninterrupted employment with the same employer immediately following—
(a) an employee’s commencement of employment; or
(b) the completion of that employee’s prior sick leave cycle.

 

(2) During every sick leave cycle an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks.

 

(3) Despite sub clause (2), during the first six months of employment, an employee is entitled to one day’s paid sick leave for every 26 ordinary days worked.

 

(4) During an employee’s first sick leave cycle an employer may reduce the employee’s sick leave entitlement to sick leave in terms of sub clause (2) by the number of days sick leave taken in terms of sub clause (3).

 

(5) Subject to sub clause 10A, an employer must pay an employee for a day’s sick leave—
(a) the ordinary salary the employee would have received, excluding any allowances; and
(b) on the employee’s usual pay day.

 

(6) An agreement may reduce the pay to which an employee is entitled in respect of any day’s absence in terms of this section if—
(a) the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay; and
(b) the employee’s entitlement to pay—
(i) for any day’s sick leave is at least 75 per cent of the salary payable to the employee for the ordinary hours the employee would have worked on that day; and
(ii) for sick leave over the sick leave cycle is at least equivalent to the employee’s entitlement in terms of sub clause (2).