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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Motor Industry Bargaining Council (MIBCO)

Motor Industry Sick, Accident and Maternity Pay Fund Rules, 2019

6. Claims

 

6.1 Claims for sickness, accident and maternity benefits must be submitted to the MSSC within six months of the resumption of employment and must be in the form prescribed in Annexure "C", to these Rules and must be duly certified by the employer and a registered medical practitioner, provided that a member of the Motor Industry Staff Association is not required to present a medical certificate in order to qualify for sickness pay for only one day’s absence, save for when the said member is absent from work on either a Monday or a Friday or any other day which immediately precedes, or follows, an ordinary day off.

 

6.1.1. Payment of claims shall be made to MISA members only for the full period of sick leave claimed based on the following:

 

6.1.1.1 Where there first day of sick leave falls between a Monday and a Friday (where such days do not precede or follow a public holiday) and the member sought medical attention on the second day of sick leave.

 

6.1.1.2 The following exclusions shall be applicable:
• Where the first day of sick leave falls on a Monday, Friday, a day before and the day after a public holiday and the member only sought medical attention on the second day of sick leave.
• Where the member seeks medical attention after the 2nd day of sick leave (i.e. from 3rd day on-wards) regardless of the period within which the sick leave falls

 

6.1.1.3 Where a member stays off work for a time period in excess of the period that he/she has been booked off by the medical practitioner. The sick leave taken in excess of sick leave granted by a doctor shall be unpaid unless the member received a written extension of sick leave from the medical practitioner.

 

6.2 Claims for sick, accident and maternity benefits for members of the Motor Industry Staff Association, shall be disbursed directly to the member, by the employer, on the first pay date following the date on which the claim was submitted, whereupon the employer shall remit and recover the claim from the Fund thereafter.

 

6.3 Claims for sick, accident and maternity benefits for Voluntary members shall be submitted by the beneficiaries of the Fund, directly to the Fund and shall not be entitled to be paid directly by their employer in terms of clause 6.2 herein; provided that the employer may, at his/her sole discretion, apply the provisions of clause 6.2 herein, to Voluntary members without such an indulgence constituting the establishment of any right or entitlement in favour of such Voluntary member in relation to future claims.

 

6.4 The parties to this agreement shall, under the auspices of the MSSC, establish a committee comprising two representatives from each party, to consider as regularly as is necessary, any applications brought by members of the Motor Industry Staff Association, for exemption or the reconsideration of any stale claim, or any claim that the Fund has dishonoured. This committee shall be chaired by the Chief Operations Officer of MIBCO and shall adopt resolutions on a consensus basis.