Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination No 5: Learnerships21. Sick leave |
| (1) | A learner is entitled to one day’s paid sick leave for every 26 days, in which the learner works or receives training during a learnership. |
| (2) | Subject to clause 22, an employer must pay a learner for a day's sick leave: |
| (a) | the allowance the learner would ordinarily have received for work on that day; and |
| (b) | on the learner's usual pay day. |
| (3) | An agreement may reduce the pay to which a learner is entitled in respect of any day's absence in terms of this clause if: |
| (a) | the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay; and |
| (b) | the learner's entitlement to pay— |
| (i) | for any day's sick leave is at least 75 per cent of the allowance payable to the learner for the ordinary hours the learner would have worked on that day; and |
| (ii) | for sick leave over the sick leave cycle is at least equivalent to the learner's entitlement in terms of subclause (2). |