Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesMotor Industry Bargaining Council (MIBCO)Extension to Non-Parties of the Main Collective AgreementDivision AClause 5: Leave5.2. Sick Leave |
| (1) | "Sick leave cycle" 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) | 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, i.e. 30 working days if he normally works a five-day week or 36 working days if he normally works a six-day week. |
| (3) | Despite sub-clause (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 of sick leave in terms of sub-clause (2) by the number of days' sick leave taken in terms of sub-clause (3). |
| (5) | Subject to sub-clause (7), 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 employee may take one day per year sick leave in terms of the provisions of this clause for medical tests, e.g. PAP smears, TB tests and/or similar health care tests: Provided that proof is supplied to the employer that the employee did undergo those tests. |
| (7) | A person who is required by his employer to produce a medical certificate if he has been absent from work for more than one day or more than two occasions during an 8 week period, shall produce such medical certificate as issued and signed a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with the Professional Council established by an Act of Parliament within a period of not more than two days after his return to duty or such employee shall forfeit his right to sick pay; provided that where the employee is absent from work as a result of sick leave on any day or days from Friday to Monday (inclusive) and such day/days form part of his normal working week, he shall be required to produce such a medical certificate for such day/days. |
| (a) | Provided further that should any person be absent the day before or after a Public Holiday he shall be required to produce such a medical certificate for such day/days. |
| (b) | 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 (7) unless the employer provides reasonable assistance to the employee to obtain the certificate. |
| (8) | Notwithstanding the contents of this clause, no person who is entitled to sick pay benefits in terms of any sick fund schemes conducted by the Council, and who is absent from work through sickness or any accident not caused by his misconduct or neglect, will be entitled to any paid sick leave from his or her employer in terms of this clause. |