Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Metal and Engineering IndustriesConsolidated 2021/2025 Plastic Industry Main Collective AgreementChapter 315. Paid Sick Leave |
| (1) | With effect from 1 July 2014 — 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) | Whenever an employee is absent from work through sickness or injury (other than sickness or injury caused by his or her own misconduct)2 the employer shall grant, at the commencement of every sick leave cycle, the following amount of paid sick leave: an equal amount of shifts worked in 30 calendar days. |
| (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 shifts 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 employee's usual pay day an amount equivalent to what the employee would have received had he/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 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. |
| (7) | The employer may require an employee to produce a medical certificate 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 sub clause. |
| (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 sub-clause (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. This sub-clause will not apply to those manufacturers registered with Rand Mutual. |
| (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 1993, must pay the employee 75% of his 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 / Rand Mutual. |
(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 1993; |
(b) in respect of periods during which the employee was absent due to the working of short time; or
| (c) | during any other period of authorised absence excluding authorised absence for training or further education; or |
| (d) | in respect of periods of absence compensated by the Sick Pay Fund. |
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| 2 | Payment of sick leave will not apply in circumstances covered by Section 22 and 70 of the Compensation for Diseases Act and absence covered by the Sick Pay Fund as amended from time to time |