Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare IndustryExtension to Non-parties of the Consolidated Main Collective AgreementAnnexuresAnnexure I : Rules of Sick Pay Fund5. Claiming against the SPF |
| 5.1. | For purposes of instituting a claim against the SPF and elsewhere in these rules "basic salary" or "wage" shall mean the basic salary or wage on which the member's contribution to the SPF is calculated and paid in accordance with the provisions of paragraph 7 below. |
| 5.2 | A claim may be instituted by a member against the SPF for payment of the basic salary or wage in respect of such member for a period of time that a member is absent from work due to any medical condition, examination or procedure, for which a member has proof of absence for a day or more ("the payment period" ). |
| 5.3 | For purposes of this clause 5.3 a distinction is made between the minimum basic salary or wage as recorded in the collective agreement of the Bargaining Council ("the minimum") and the basic salary or wage that is actually paid to the member ("the actual basic salary or wage"). Should a member's contribution be calculated and paid on the actual Basic salary or Wage, the member shall be entitled to claim the actual Basic salary or Wage for the payment period, subject to the member's contribution on the actual Basic salary or Wage having been paid to the SPF on at least 3 (three) consecutive occasions, immediately prior to the claim being instituted. Should a claim be instituted during the 3-month waiting period, the claim will be paid on either the minimum or the actual Basic salary or Wage on which the member contributed prior to the 3-month waiting period, as the case may be. |
| 5.4. | The payment period shall be limited to: |
| 5.4.1. | 33 (thirty three) days in a 3 (three) year cycle for being absent from the workplace for any period of time less than 6 (six) days ("the six day period"); and |
| 5.4.2. | 33 (thirty three) days in a 3 (three) year cycle for being absent from the workplace for a continued period of 7 (seven) days and more ("the seven day period"). |
("the payment cycle").
| 5.5. | The following shall apply to the payment cycle: |
| 5.5.1. | a member shall not be able to transfer any days from the six-day period to the seven day period or vice versa; |
| 5.5.2. | a member may claim against the SPF during any part of the payment cycle, limited to the number of days set forth in clause 5.3 above. |
| 5.6 | A member will only be able to institute a claim against the SPF during the payment period, if:— |
| 5.6.1. | except as provided in clause 5.6.2, the member is in possession of a medical certificate Issued by a registered medical practitioner, a registered nurse or registered traditional healer ("the practitioner"), clearly stating:— |
| 5.6.1.1. | the name, address and capacity of the practitioner issuing the medical certificate; |
| 5.6.1.2. | the date upon which the member consulted with the practitioner; |
| 5.6.1.3. | the period that the member will be absent from work due to the illness. |
| 5.6.2 | Notwithstanding the provisions of clause 5.6.1, an Employer may approve the first day (one day) of an Employee's absence on sick leave without the requirement for a medical certificate for that day. A medical certificate will still be required for two or more days of absence due to any medical condition, examination, or procedure. |
| 5.7. | The SPF may, if necessary, communicate with and call on the practitioner to amplify or clarify any aspect mentioned on the medical certificate or, in its sole and absolute discretion, refer the member to a practitioner of its own choice and at its own costs, to verify the medical condition, examination or medical procedure, or duration thereof, mentioned on the medical certificate. No claim shall be paid until such time that the SPF has finalised its own investigation as envisaged in this clause, should it elect to do so. |
| 5.8 | A claim against the SPF shall be calculated on the basis of the lesser of:— |
| 5.8.1. | the duration for which the member is absent from work due to any medical condition, examination or procedure; or |
| 5.8.2. | the duration that the member may be absent from work due to any medical condition,examination or procedure, as indicated on the medical certificate. |
| 5.9. | Notwithstanding anything contained in these rules to the contrary, the Bargaining Council,in its sole and absolute discretion may refuse or repudiate any claim made by a member against the SPF. |
| 5.10 | The provisions of this clause 5.10, shall apply to any virus or illness that has been declared either an epidemic or pandemic by the World Health Organisation or a similar authority, having the authority to do so ("the virus"). Notwithstanding anything to the contrary contained in these rules, the provisions of this clause 5.10 shall only apply in respect of a claim that is instituted as a result of the virus ("a virus claim"), being: |
| 5.10.1 | a virus claim shall be limited to the following payment period, being: |
| 5.10.1.1 | (ten) days in respect of the 6-day payment period, as contemplated in clause 5.4.1 above; and |
| 5.10.1.2 | 23 (twenty-three) days in respect of the 7-day payment period, as contemplated in clause 5.4.2 above. |
| 5.10.2 | the 10 (ten) days forming part of the 6-day period and the 23 (twenty-three) days forming part of the 7-day period, will be included in the number of days recorded in respectively clauses 5.4.1 and 5.4.2 above and shall not be additional thereto; |
| 5.10.3 | the provisions of clauses 5.6 and 5.7 will apply mutatis mutandis in respect of a virus claim; |
| 5.10.4 | the following calculation will be used in order to determine the payment period in respect of a virus claim, being: |
| 5.10.4.1 | in respect of the 6-day period: the remaining days available to the member within the payment cycle x 10 (ten) days, divided by 33 days; and |
| 5.10.4.2 | in respect of the 7-day period: the remaining days available to the member within the payment cycle x 23 (twenty-three) days, divided by 33 days. |
| 5.10.5 | a virus claim shall be limited to the number of days indicated on the medical certificate submitted and further subject to the provisions of clauses 5.10.1, 5.10.2 and 5.10.4 above; and |
| 5.10.6 | nothing contained in this clause 5.10 shall limit a member's right to claim any shortfall, not paid by the SPF relating to a virus claim, from the Unemployment Insurance Fund (if applicable). |