Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)Main Collective AgreementPart 3 : Leave19. Sick and Absence Fund |
| (1) | Every employer shall pay contributions to the Sick Leave Fund by not later than the 20th of each month, in respect of each employee employed by him/her, an amount calculated as follows: |
Normal weekly basic wage x 9
45 1
[Clause 19(1) substituted by clause 5 of Notice No. 426, GG 42312, dated 15 March 2019]
| (2) | Contributions are payable to the Council irrespective of the number of days that an employee has worked during a specific month, subject to the provisions of clause 24(2) and (3). |
| (3) | In this clause "sick-leave cycle" means the period of 36 months of employment with the same employer immediately following— |
| (a) | an employee's commencement of employment; or |
| (b) | the completion of such employee's previous sick-leave cycle. |
| (4) | During every sick-leave cycle, an employee is entitled to an amount of paid sick leave equal to 36 working days. |
| (5) | Notwithstanding subclause (4), during the first six months of employment, an employee is entitled to one day's paid sick leave for every 26 days worked. |
| (6) | During an employee's first sick-leave cycle, an employer may reduce the employee's entitlement to sick leave In terms of subclause (4) by the number of days of sick leave taken in terms of subclause (5). |
| (7) | Subject to subclause (4), the Council must pay an employee a day's sick leave equal to the wage the employee would ordinarily have received for work on that day within 48 hours after receipt of a valid application. |
| (8) | The Council is not required to pay an employee occasional sick leave in terms of subclause (7) if — |
| (a) | an employee has been absent from work for more than two consecutive working days or on more than two occasions during an eight-week period; and |
| (b) | the employee fails to produce a medical certificate stating that the employee was unable to work for the duration of that period of absence on account of sickness or injury, when requested by the employer to do so. |
| (9) | The medical certificate referred to subclause (8) must be issued and signed by a medical practitioner or any person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament. |
| (10) | If it is not reasonably practical for an employee who lives on the employer's premises to obtain a medical certificate, the Council may not withhold payment in terms of subclause (7) unless the employer provides suitable assistance to the employee to obtain the certificate. |
| (11) | Sick Leave Bonus Payments |
| (a) | On completion of the three year cycle after commencing employment or from the date that the previous sick leave cycle expires, Council shall pay a sick leave bonus to an employee based on contributions received less sick leave days paid to that employee during the preceding 3 year sick leave cycle. |
[Clause 19(11)(a) substituted by clause 5 of Notice No. 426, GG 42312, dated 15 March 2019]
| (b) | An employee who leaves his/her employment shall be entitled to pro rata payment based on contributions received less sick leave days paid to that employee during his/her period of employment. |
| (12) | Sick leave applications and medical certificates, if applicable, must reach Council within 5 working days after an employee returned to work. |
| (13) | The contributions referred to in clause 19(1) must be included in each employees' remuneration by the relevant employer for the purpose of calculating employees' tax, on a monthly basis. Every employer shall pay over the amount of employees' tax so withheld to the Commissioner for the South African Revenue Service (SARS) in accordance with the provisions of the Fourth Schedule to the Income Tax Act, 1962, as amended or replaced from time to time. |
[Clause 19(13) inserted by clause 3 of Notice No. 410, GG44822, dated 9 July 2021]