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Category: Labour Law

Workers may take up to 6 weeks of sick leave on full pay in a 3-year period. Employers may insist on proof of illness before paying a worker for sick leave.

 

Application
Sectoral Determination 7 applies to all domestic workers (including independent contractors and those employed by agencies), except domestic workers who - work on farms; or are covered by - another sectoral determination, or a bargaining council agreement.


The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.


An employee is entitled to 6 weeks’ paid sick leave in a period of 36 months. However, during the first 6 months of employment, workers are only entitled to 1 day’s paid sick leave for every 26 days worked.

 

Proof of Illness

A medical certificate may be provided by a:

medical practitioner

clinic nurse

traditional healer

community health worker

psychologist

 

An employer may require a medical certificate before paying workers who are absent for more than 2 consecutive days or who are often absent (more than twice in an 8-week period).


Fees that are paid for medical treatment by an employer may be deducted from the workers’ pay.