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

Sectoral Determinations

Sectoral Determination 7 : Domestic Worker Sector, South Africa

Part E : Leave

20. Sick leave


(1) For purposes of this clause "sick leave cycle" means the period of 36 months employment with the same employer immediately following—
(a) when the domestic worker commenced work; or
(b) the end of the domestic worker's prior sick leave cycle.


(2) During every sick leave cycle, a domestic worker is entitled to an amount of paid sick leave equal to the number of days the domestic worker-would normally work during a period of six weeks.


(3) Despite sub-clause (2) during the first six months of work, a domestic worker is entitled to one day's sick leave for every 26 days worked.


(4) An employer may, during the domestic worker's first leave cycle, reduce the domestic worker'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) Where an employer, at the request of the domestic worker, pays fees for a domestic worker's hospital or medical treatment, the fees paid may be set off against the worker's pay.


(6) An employer may require a domestic worker who has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period to produce a medical certificate before paying the domestic worker in terms of this clause.


(7) The medical certificate in terms of sub-clause (6) must—
(a) be issued and signed by a medical practitioner, a traditional healer, a professional nurse who is authorised to issue certificates, or any other person who is certified to diagnose and treat patients and is registered with a professional council, established by an Act of Parliament; and
(b) state that the domestic worker was unable to work for the duration of the domestic worker's incapacity.


(8) If it is not reasonably practicable for a domestic worker who lives on the employer's premises to obtain a medical certificate, the employer may not withhold payment in terms of this clause unless the employer provides reasonable assistance to the domestic worker to obtain the certificate.