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

Notices

Bargaining Council for the Meat Trade, Gauteng

Main Collective Agreement to Non-Parties

12. Sick Leave

 

(1) An employer shall grant an employee who is absent from work through incapacity—
(a) in the case of an employee who works not more than five days per week, not less than 30 work days sick leave, in the aggregate on full pay, during each period of 36 consecutive months of employment: Provided that during the first 12 months of employment an employee shall only be entitled to sick leave on full pay at a rate of one working day for every 26 days worked; or
(b) in the case of any other employee, not less than 36 work days sick leave, in the aggregate on full pay, during each period of 36 consecutive months of employment: Provided that during the first 12 months of employment such employee shall only be entitled to sick leave on full pay at a rate of one working day for every 26 days worked.

 

(2) An employer may, prior to the payment of any claim for sick leave in respect of two consecutive work days or any one work day before or after a Sunday or public holiday, require an employee to produce a certificate signed by a registered medical practitioner confirming the nature and duration of the employee's incapacity.

 

(3) For the purposes of this clause, the expressions—
(a) "employment" includes any period or periods during which an employee is absent from work—
(i) on leave in terms of clause (11) of this Agreement;
(ii) on the instructions or at the request of his employer;
(iii) on sick leave in terms of subclause (1);
(iv) with the consent or condonation of his employer;
(v) on maternity leave: Provided that in the case of paragraphs (i), (ii), (iii) and
(iv) such absence may not exceed 10 weeks.
(b) "incapacity" means inability to work owing to any sickness or injury other than that caused by an employee's own misconduct or negligence: Provided that any inability to work caused by an accident for which compensation is payable under the Occupational Injuries and Diseases Act, 1993, (Act 130 of 1993), means incapacity only in respect of any period of inability to work for which no disablement payment is payable in terms of that Act.