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Labour Relations Act, 1995 (Act No. 66 of 1995)

Codes of Good Practice

Managing Exposure to SARS-COV-2 in the Workplace, 2022

Chapter 3 - Administrative Measures

9. Isolation of workers

 

(1) Workers who have been diagnosed with COVID-19 and are symptomatic must—
(a) inform their employer; and
(b) isolate themselves for the period as recommended by the National Department Health8 unless a longer period is recommended by a medical practitioner.

 

(2) In the circumstances contemplated in subsection (1) or section 8(2), an employer must—
(a) place the employee on paid sick leave in terms of section 22 of the BCEA or if the employee's sick leave entitlement under the section is exhausted, make application for an illness benefit in terms of section 20 of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001);
(b) take steps to ensure that the employee is not discriminated against on grounds of having tested positive for SARS-CoV-2 in terms of section 6 of the Employment Equity Act, 55 of 1998; and
(c) if there is evidence that the worker contracted COVID-19 arising out and in the course of employment, lodge a claim for compensation in terms of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993, in accordance with Notice No. 629 published on 22 October 2019.9

 

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8 https://sacoronavirus.co.za/2022/02/18/circular-changes-to-covid-19-quarantine-isolation-and-contact-tracing/
9 GNR 387 GG 4350 of 23 July 2020.