| (1) |
In this Chapter, "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)
| (a) |
During every sick leave cycle, an Employee is entitled to ten (10) days paid sick leave per annum. |
| (b) |
Should an Employee exhaust the number of paid sick leave days available due to hospitalisation, serious and or chronic illness, such an Employee is entitled to claim further days of paid sick leave, provided that there are days of sick leave available in that Employee's current three (3) year cycle. |
In such an event, the number of days over and above the available sick leave balance for that year will be deducted from the future years in the cycle and will mean for such a person, the annual paid sick leave days will be less than ten (10) days per annum for the balance of that three (3) year sick leave cycle."
| (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 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 sub-clause (2) by the number of days' sick leave taken in terms of sub-clause (3). |
| (5) |
Subject to sub-clause 6, an Employer must pay an Employee for a day's sick leave:— |
| (a) |
the wage the Employee would ordinarily have received for work on that day; and |
| (b) |
on the Employee's usual pay day. |
| (a) |
An Employer is not required to pay an Employee in terms of sub-clause (5) if the Employee has been absent from work for more than two consecutive days or on more than two 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. |
For the purpose of this sub-clause a Friday and the following Monday as well as the day before and the day after a public holiday are deemed to be consecutive days.
| (b) |
The medical certificate must 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. |
| (c) |
An Employer is not required to pay an Employee in terms of sub-clause (5) if the Employee has been absent from work on a Friday, or on a Monday, or on a day before or after a public holiday should the Employee not produce a valid medical certificate covering the days of absence. |
South African Council for Educators Act, 2000
