Acts Online
GT Shield

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

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part E : Leave

22. 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) the employee’s  commencement of work; or
(b) the end of the employee's previous sick leave cycle.


(2) During every sick leave cycle, 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.


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


(4) An employer may, during the employee's first leave cycle, reduce the employee'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) An employer may require an employee 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 employee in terms of this clause.


(6) The medical certificate in terms of sub-clause (5) must—
(a) be issued and signed by a medical practitioner, 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; and
(b) state that the employee was unable to work for the duration of the employee's incapacity.