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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

19. Leave for Terminally Ill Employees



A terminally ill Employee who requires treatment designed to counter the effects of the defined condition will be provided with terminally ill leave subject to the following conditions:


19.1 The leave will be made available solely for the purpose of hospitalisation or treatment that will require more than 2 days of absence as prescribed by a company appointed and/or approved certified specialist physician.


19.2 The Employee will be allowed a maximum of 15 working days leave in any one year at normal basic rates of pay.


19.3 The Employee must, prior to any leave being granted in terms of this clause, first have exhausted all his/her sick leave.


19.4 An Employee will be required to provide the Employer with prior notice of every treatment session as well as written proof, from the institution providing the prescribed treatment, of having undergone such treatment.


19.5 Where companies provide sick leave in excess of the combined benefits that would accrue from clause 17 of this agreement and this clause, Employees working for such companies will not be entitled to the terminally ill benefit as provided for herein.


19.6 Leave provided in terms of this clause is not cumulative.


19.7 It is agreed that no further demands will be made for a period of 5 years, from 22 November 2007, in relation to the number of days leave to be provided in terms of this clause when negotiating substantive conditions of employment.