Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 7 : Domestic Worker Sector, South AfricaPart E : Leave20. Sick leave |
| (1) | For purposes of this clause "sick leave cycle" means the period of 36 months employment with the same employer immediately following— |
| (a) | when the domestic worker commenced work; or |
| (b) | the end of the domestic worker's prior sick leave cycle. |
| (2) | During every sick leave cycle, a domestic worker is entitled to an amount of paid sick leave equal to the number of days the domestic worker-would normally work during a period of six weeks. |
| (3) | Despite sub-clause (2) during the first six months of work, a domestic worker is entitled to one day's sick leave for every 26 days worked. |
| (4) | An employer may, during the domestic worker's first leave cycle, reduce the domestic worker's 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) | Where an employer, at the request of the domestic worker, pays fees for a domestic worker's hospital or medical treatment, the fees paid may be set off against the worker's pay. |
| (6) | An employer may require a domestic worker who has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period to produce a medical certificate before paying the domestic worker in terms of this clause. |
| (7) | The medical certificate in terms of sub-clause (6) must— |
| (a) | be issued and signed by a medical practitioner, a traditional healer, a professional nurse who is authorised to issue certificates, or any other person who is certified to diagnose and treat patients and is registered with a professional council, established by an Act of Parliament; and |
| (b) | state that the domestic worker was unable to work for the duration of the domestic worker's incapacity. |
| (8) | If it is not reasonably practicable for a domestic worker who lives on the employer's premises to obtain a medical certificate, the employer may not withhold payment in terms of this clause unless the employer provides reasonable assistance to the domestic worker to obtain the certificate. |