Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Metal and Engineering IndustriesMain Collective AgreementPart 1 : Conditions of Employment34. Paid Sick Leave |
NOTE:
In terms of the Basic Conditions of Employment Act of 1997 the paid sick leave provisions of the Main Agreement must be amended to meet the minimum requirements of the sick leave provisions contained in Section 22 of that Act. Section 34 of the Main Agreement has therefore been amended and the amended sick leave provisions will take effect from 1 June 2000. The most significant amendment provides for an employee’s sick leave to be calculated over a three-year sick leave cycle. The old agreement specified a one-year cycle from January to December each year. The sick leave entitlement has changed from 10 working days in a one-year cycle to 30 working days in a three-year cycle. Sub-clause 34(12) deals with the transition period between the end of the old sick leave cycle on 31 December 1999 and the commencement of the new cycle on 1 June 2000.
| (1) | Subject to the transitional provisions of subclause 34(12), with effect from 1 June 2000, “sick leave cycle” in this clause means the period of 36 months’ employment with the same employer, immediately following – |
a) An employee’s commencement of employment; or
b) The completion of that employee’s prior sick leave cycle.
| (2) | Subject to the transitional provisions of subclause 34(12) whenever an employee is absent from work through sickness or injury (other than sickness or injury caused by his or her own misconduct) the employer shall grant, at the commencement of every sick leave cycle, the following amount of paid sick leave: |
(i) 30 working days (in the case of an employee working a five-day week); and
(ii) 36 working days (in the case of an employee working a six-day week)
| (3) | During the first six months of employment with an employer, an employee will be entitled to one working day’s paid sick leave in respect of each 26 days worked. |
| (4) | The employee’s entitlement to sick leave is reduced by the number of days sick leave taken in terms of sub clause (3) above. |
| (5) | An employer must pay the employee for each day of absence, provided for above, on the employees usual pay day an amount equivalent to what the employee would have received had he or she worked the ordinary hours of the shift for that day of the week. |
| (6) | The employer, before making payment of any amount payable to an employee for any period of absence from work of more than two consecutive days or on more than two occasions during an eight week period, may require the employee to produce a medical certificate, clinic note or hospital note signed by any person who is certified to diagnose and treat patients and who is registered with any Professional Council established by an Act of Parliament, stating that the employee was unable to work for the duration of the employee’s absence on account of a sickness or injury. |
| (7) | The employer may require an employee to produce a medical certificate, clinic note, hospital note signed by any person who is certified to diagnose and treat patients and who is registered with any Professional Council established by an Act of Parliament in respect of any absence from work on a Friday or Monday or on the working day immediately before or after any paid public holiday before making payment of any amount payable in terms of this subclause. |
[Subclauses (6) and (7) substituted by Government Notice R. 268 dated 12 April 2013]
| (8) | 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 (6) unless the employer provides reasonable assistance to the employee to obtain the certificate. |
| (9) | Where an employer is by law required to pay fees for hospital or medical treatment in respect of an employee, and pays such fees in respect of any sickness or injury referred to in this clause, the amount so paid may be set off against the payment for sick leave due in terms of this clause. |
| (10) | An employer, who is of a reasonable belief that an employee’s absence from work resulting from an injury on duty will be compensable in terms of the Compensation for Occupational Injuries and Diseases Act, must pay the employee 75% of his or her ordinary hourly rate for the period of the absence up to a maximum period of three months from the date of the accident. The employer shall recover this payment from the Compensation Commissioner. |
(11) An employee is not entitled to paid sick leave:
| a) | During periods of absence from work for which compensation is payable under the Compensation for Occupational Injuries and Diseases Act; and |
b) On a paid public holiday as specified in this Agreement
c) During a period of annual leave in terms of this Agreement
| d) | In respect of periods during which the employee was absent due to the working of short time or during periods of lay-off. |
e) During any other period of authorised absence.
| (12) | Transitional Provisions applicable to employees employed prior to 1 June 2000 who continue in the employment of the same employer after 1 June 2000 |
| a) | On 1 June 2000 an employee who has been in the employ of the same employer during the preceding 5 months shall be entitled to 34 days sick leave over the transitional sick leave cycle commencing 1 January 2000 to 31 May 2003. |
| b) | On 1 June 2000 an employee who commenced employment with the same employer after 1 January 2000 shall be entitled to a period of sick leave amounting in total to the sum of 30 days plus 1 day for each completed period of 26 days worked from date of engagement to 31 May 2000. This entitlement shall be in respect of the transitional sick leave cycle commencing date of employment to 31 May 2003.” |
| (13) | The employer and trade union parties agree that they will recognise traditional healers for paid sick leave purposes, in terms of the Main Agreement, provided that an appropriate regulatory body is created by the Government similar to that of the Health Professionals Council. |