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

Notices

Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry (Pretoria)

Main Collective Agreement

13. Sick Leave

 

 

(1) For the purpose of this clause—

 

"incapacity" means inability to work owing to any sickness or injury, other than sickness or injury caused by an employee's own misconduct: provided that in the case of accidents only such benefits as are payable as compensation under the Compensation for Occupational Injuries and Diseases act, 1993, or the Road Accident Fund shall be paid: and

 

"Sick leave cycle" means a period of 36 months' employment with the same employer and/or in the same establishment immediately following—

(a) an employee's commencement of employment;
(b) the completion of that employee's previous sick leave cycle.

 

(2) During every sick leave cycle an employee shall be entitled to an amount of paid sick leave days equal to the number of days the employee would normally work during a period of six weeks.

 

(3) Notwithstanding sub-clause (2), during the first six months of employment, an employee shall be entitled to one day's paid sick leave for every 26 days worked.

 

(4) During an employee's first sick leave cycle, an employer may reduce the employee's sick leave 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 shall pay an employee for the day's sick leave—
(a) the wage the employee would ordinarily have received for work on that day; and
(b) on the employee's usual pay day.

 

(6) An employer shall not be required to pay an employee in terms of this clause if the employee has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, at the request of 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.

 

(7) The medical certificate shall 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.

 

(8) This clause shall not apply to hourly employees.