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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section ll : Core Rights

Part G: Leave

20. Sick Leave as amended as per Section 22-24 of the BCEA January 2020

Purchase

20.1.

An employee shall be entitled to at least forty-two (42) Calendar Days paid sick leave in his sick leave cycle. 'Sick leave cycle' means the period of thirty-six (36) months employment immediately following:

20.1.1.

the employee's commencement of employment; or

20.1.2.

the completion of that employee's prior sick leave cycle.

20.2.

Despite sub-clause 20.1 above, the employee shall only be entitled to one (1) day sick leave for every twenty-six (26) days worked during his first twelve (12) months of employment.

20.3.

During an employee's first sick leave cycle, the employer may reduce the employee's entitlement to sick leave in terms of subclause 20.1 by the number of calendar Day leave taken in terms of subclause 20.2.

20.4.

Sick leave must be paid in terms of subclause 9.2 read with subclause 10.1 above as well as the applicable chamber minimum remuneration schedule.

20.5.

The employer is not required to pay sick leave to an employee in terms of subclauses 20.1 or 20.2 above, should the employer and employee by written agreement contribute to a fund or organization that guarantees payment to the employee in lieu of any part of his remuneration during times of incapacity.

20.6.

Sick leave shall only be paid on presentation of a certificate issued and signed by a medical practitioner entitled to practice in terms of section 17 of the Medical, Dental and Supplementary Health Service Professions Act.

20.7.

Any employee who utilizes sick leave shall only be paid for the period specified in the medical certificate required in subclause 20.6 above and shall not be paid for any additional period until he re-joins his vessel, unless the employee make use of his annual leave as contemplated in sub-clause 20.5 above.

20.8.

This clause does not apply to an inability to work caused by an accident or occupational disease as defined in the Compensation for Occupational Injuries and Diseases Act, except in respect of any period during which no compensation is payable in terms of this Act.