means the period of 36 months employment with the same employer immediately following—
| (a) | an employee’s commencement of employment; or |
| (b) | completion of that employee’s prior sick leave cycle. |
| (2) | During every sick leave cycle, an employee’s entitlement to paid sick leave will be limited to ten(10) days per annum. This limitation will not apply to employees whose incapacitation requires hospitalisation for a period that exceeds ten (10) days. In such event, the provisions of the Basic Conditions of Employment Act will apply. |
| (3) | Despite subclause (2), during the first six months of employment, an employee is entitled to one day’s paid sick leave for every 26 days worked. |
| (4) | During an employee’s first sick leave cycle, an employer may reduce the employee’s entitlement to sick leave in terms of subclause (2) by the number of days sick leave taken in terms of subclause (3). |
| (5) | Subject to subclause (6), an employer must pay an employee for a day’s sick leave— |
| (a) | the wage the employee would ordinarily have received for work on that day; and |
| (b) | on the employee’s usual pay day. |
| (6) | An agreement may reduce the pay to which an employee is entitled in respect of any day’s absence in terms of this subclause if— |
| (a) | the number of days paid leave is increased at least commensurately with any reduction in the daily amount of sick pay; and |
| (b) | the employee’s entitlement to pay— |
| (i) | for any day’s sick leave is at least 75% of the wage payable to the employee for the ordinary hours the employee would have worked on that day; and |
| (ii) | for sick leave over the sick leave cycle is at least equivalent to the employee’s entitlement in terms of subclause (2). |
| (7) | An employer is not required to pay an employee in terms of subclauses (1) to (6), if the employee has been absent from work for more than two consecutive days, or on more than two occasions during an 8 week period, and, on request by the employer does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury. |
| (8) | The medical certificate must be signed by a Medical Practitioner or any other person who is entitled to diagnose and treat patients, and who is registered with a professional Council established by an Act of Parliament. |
| (9) | If it is not reasonably practical for an employee who lives on the employer’s premises to obtain a medical certificate, the employer may not withhold payment in terms of subclause (7), unless the employer provides reasonable assistance to the employee to obtain the certificate. |
| (10) | Subclauses (1) to (9) shall not apply to an inability to work caused by accident or occupational disease as defined in the Compensation for Occupational Injuries and Disease Act, 1994 (Act No 130 of 1993) except in respect of any period during which no compensation is payable in terms of the Act. |
