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

Bargaining Council for the South African Road Passenger (SARPBAC)

Main Collective Agreement

17. Sick Leave


17.1 Sick leave cycle means the period of 36 months' employment with the same Employer immediately following:
17.1.1 an Employee's commencement  of employment;   or
17.1.2 the completion of the Employee's prior sick leave cycle.


17.2 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.


17.3 Despite sub-clause 17.2, during the first six months of employment, an Employee is entitled to one day's paid sick leave for every 26 days worked.


17.4 During an Employee's first sick leave cycle, an Employer may reduce the Employee's entitlement to sick leave in terms of sub-clause 17.2 by the number of days' sick leave taken in terms of sub-clause 17.3.


17.5 An Employer must pay en Employee for a day's sick leave:
17.5.1 the basic wage the Employee would ordinarily have received for the ordinary hours of work on that day; and
17.5.2 on the Employee's usual payday.


17.6 An agreement may reduce the pay to which an Employee is entitled in respect of any day's absence in terms of this clause if:
17.6.1 the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay;  and
17.6.2 the Employee's entitlement to pay:
(a) for any day's sick leave is at least 75 percent of the basic wage payable to the Employee for the ordinary hours the Employee would have worked on that day; and
(b) for  sick  leave  over  the  sick  leave  cycle  is at  least  equivalent  to  the  Employee's entitlement  in terms of sub-clause  17.2 .