Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 9 : Wholesale and Retail Sector, South AfricaPart E : Leave22. 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) | the employee’s commencement of work; or |
| (b) | the end of the employee's previous sick leave cycle. |
| (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. |
| (3) | Despite sub-clause (2) during the first six months of work, an employee is entitled to one day's sick leave for every 26 days worked. |
| (4) | An employer may, during the employee's first leave cycle, reduce the employee'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) | An employer may require an employee 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 employee in terms of this clause. |
| (6) | The medical certificate in terms of sub-clause (5) must— |
| (a) | be issued and signed by a medical practitioner, or any other person who is certified to diagnose and treat patients and who is registered with a professional council, established by an Act of Parliament; and |
| (b) | state that the employee was unable to work for the duration of the employee's incapacity. |