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

Notices

Bargaining Council for the Furniture Manufacturing Industry

South Western Districts

Main Collective Agreement

Part l

B. Terms and Conditions of Employment

33. Sick Leave

Purchase

(1)	An employee's "sick leave cycle" means the period of 36 months 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. Unless an employee is contracted to work less than five days a week it wound mean that an employee working a five day week is to receive thirty (30) days paid sick leave per sick leave cycle.

(3)	Notwithstanding subclause (2), during the first six months of employment, an employee shall be entitled to one (1) day's paid sick leave for every twenty six (26) days worked.

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

(5)	Subject to subclause 6, an employer shall pay an employee for a day's sick leave the wage the employee would ordinarily have received for work:—

(a)	the Employee would have ordinarily have received on that day; and

(b)	on the employee's usual payday.

(6)	An employee may take sick leave in respect of the whole or a part of the day.

(7)	PROOF OF INCAPACITY

(a)

An employer is not required to pay an employee in terms of subclause (5) if the employee has been absent from work for more than two (2) consecutive days or on more than two (2) consecutive 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 employee's absence on account of sickness or injury.

(b)	The medical certificate shall be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.