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

Sectoral Determinations

Sectoral Determination No 5: Learnerships

21. Sick leave


(1) A learner is entitled to one day’s paid sick leave for every 26 days, in which the learner works or receives training during a learnership.


(2) Subject to clause 22, an employer must pay a learner for a day's sick leave:
(a) the allowance the learner would ordinarily have received for work on that day; and
(b) on the learner's usual pay day.


(3) An agreement may reduce the pay to which a learner is entitled in respect of any day's absence in terms of this clause if:
(a) the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay; and
(b) the learner's entitlement to pay—
(i) for any day's sick leave is at least 75 per cent of the allowance payable to the learner for the ordinary hours the learner would have worked on that day; and
(ii) for sick leave over the sick leave cycle is at least equivalent to the learner's entitlement in terms of subclause (2).