| (1) |
For the purpose of this clause "sick leave cycle" means the period of 36 months employment with the same employer immediately following— |
| (a) |
when the employee commenced work; or |
| (b) |
the end of the employee's prior sick leave cycle. |
| (2) |
During every sick leave cycle, the 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 work, the employee is entitled to one day's sick leave for every 26 days worked. |
| (4) |
An employer may, during the employee's first leave cycle, reduce the employee's entitlement to sick leave in terms of sub-clause (2) by the number of day's sick leave taken in terms of sub clause (3). |
| (5) |
Where an employer, at the request of the employee, pays fees for an employee's hospital or medical treatment, the fees paid may be set off against the worker's pay. |
| (6) |
An employer is not required to pay the employee in terms of this clause if the employee has been absent from work for more than three consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the absence on account of sickness or injury. |
| (7) |
Within the scope of their professional expertise, a medical certificate in terms of sub-clause (6) may be provided by any person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament, including— |
| (a) |
a medical practitioner; |
| (b) |
a clinic nurse practitioner; |
| (c) |
a traditional healer; 5 |
| (d) |
a community health worker; or |
5 Until such time as the Interim Traditional Health Practitioners Council of the Republic of South Africa is established in terms of the Traditional Health Practitioners Act, 2004 an employer may accept a certificate from a traditional healer notwithstanding the fact that the traditional healer will not be registered with a professional council established by an Act of Parliament.
Copyright Act, 1978
