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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 1 : Contract Cleaning Sector, South Africa

19. Sick Leave


(1) During every sick leave cycle of 36 consecutive months of employment with the employer 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. Provided that—
(a) in the first 6 months of employment an employer shall grant an employee one-day’s paid sick leave for every 26 days worked.


(2) An employer may, as a condition prior to payment of any amount claimed in terms of this clause by an employee in respect of any absence from work—
(a) for more than three consecutive working days; or
(b) on the working day immediately preceding or the working day immediately succeeding a Sunday or public holiday as defined, require the employee to produce a certificate within a reasonable period, signed by a registered medical practitioner, traditional healer 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 stating the nature and duration of the employee’s incapacity;
(c) An employer is not required to pay an employee in terms of this clause if the employee has been absent from work for more than three consecutive days or on more than two 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.


(3) For the purpose of this clause—
(a) "employment" shall be deemed to include any period during which an employee is absent—
(i) on leave in terms of clause 18;
(ii) on the instructions or at the request of the employer;
(iii) on sick leave in terms of subclause (1) or owing to incapacity in the circumstances set out in subclause (4);
(iv) for any reason not being in breach of the contract of employment amounting in the aggregate to not more than 36 work-days in a cycle of 36 consecutive months; and
(v) any time during which an employee is required by the employer not to do work because of bad weather, slackness of the trade or a breakdown of machinery or plant; and
(vi) any period of employment, which an employee has had with the same employer immediately before the date on which this determination became binding, and any sick leave on full pay granted under this determination.


(4) 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 No. 130 of 1993), or except in respect of any period during which no compensation is payable in terms of those Acts.