Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Contract Cleaning Services Industry

Kwa-Zulu Natal

Extension to non-parties of the Main Collective Amending Agreement

9. Sick Leave
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9.1 Sick leave cycle:
(a) In this clause "sick leave cycle" means the period of 36 months employment with the same employer immediately following:
(i) an employee's commencement of employment; or
(ii) the completion of that employee's prior sick leave cycle.
(b) 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.
(c) Despite sub clause (b), during the first six months of employment, an employee is entitled to one days sick leave for every 26 days worked.
(d) During an employee's first sick leave cycle, an employer may reduce the employee's entitlement to sick leave in terms of sub clause (b) by the number of day's sick leave taken in terms of sub clause (c).
(e) An employer must pay an employee for sick leave:
(i) in accordance with the wage the employee would ordinarily have received for work on that day; and
(ii) on the employee's usual pay day.
(f) An agreement may reduce the pay to which an employee is entitled in respect of any days absence in terms of this clause if:
(i) the number of days paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay; and
(ii) the employee's entitlement to pay:
(aa) for any days sick leave is at least 75 per cent of the wage payable to the employee for the ordinary hours the employee would have worked on that day; or
(ab) for sick leave over the sick leave cycle is at least equivalent to the employee's entitlement in terms of sub clause (b).

 

9.2 Proof of incapacity.
(a) An employer is required to pay an employee in terms of sub clause (a) if the employee has been absent from work for one day or on more than two occasions during an eight 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.
(b) The medical certificate must 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.
(c) If it is not reasonably practicable for an employee who lives on the employer's premises to obtain a medical certificate, the employer may not withhold payment in terms of sub clause a) unless the employer provides reasonable assistance to the employee to obtain the certificate.

 

9.3Conditions governing payment of sick leave
(a) Before making payment of any amount claimed in terms of this Clause by an employee in respect of any absence from work owing to incapacity, the employer may require a Certificate (signed by a registered medical practitioner and stating the nature and duration of the incapacity) to be produced by the employee under the following circumstances:
(i) if the employee is absent from work for more than one consecutive day;
(ii) if the employee is absent from work on the working day immediately before and/or after a Sunday or defined Public Holiday on which such employee would normally work; provided that:
(aa) said employee has received payment (in terms of this Clause) for such absence from work on two or more occasions during any period of up to eight weeks, without producing a medical certificate; and provided further that:
(ab) such certificate shall be produced by said employee within the 8 week period immediately after the last occasion of such absence by the employee.
(b) Should an employee fail to produce the Medical Certificate required by the employer in terms of sub clause (a) above, and provided said employee does not normally work on the Sunday or defined Public Holiday in question, such employee shall not be entitled to receive payment in terms of Clause (10) hereafter.