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


National Bargaining Council for the Clothing Manufacturing Industry

Main Collective Agreement

Part A : Provisions for the Eastern Cape Region

8. Leave

8.5 Sick Leave



(1) Subject to the provisions of subclause 8.5 (2), an employer shall grant to an employee who is absent from work through incapacity, sick leave on full pay amounting to—
(a) 20 working days in the case of an employee who works a five-day week;
(b) 24 working days in the case of an employee who works a six-day week;

in the aggregate during any one year of employment: Provided that the employer may require the employee to provide him with a certificate signed by a registered medical practitioner showing the nature and duration of each period of absence covering more than two consecutive days for which payment is claimed.


(2) The provisions of subclause 8.5 (1) shall not apply where the employer and his employees participate in a sick or other fund which entitles the employees to receive sick pay, which in the opinion of the Council, amount in the aggregate to not less than that provided in subclause 8.5 (1).


(3) For the purpose of this subclause, the term "employment' shall have the same meaning as in subclause 8.1 (5).


(4) "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 any such inability to work caused by an accident for which compensation is payable under the Compensation for Occupational Injuries and Disease Act, No. 130 of 1993, shall only be regarded as incapacity during any period in respect of which no disablement payment is payable in terms of that Act.