Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Electrical Industry of South Africa:Extension of Consolidation of Collective Agreement to Non-partiesPart I21. Sick Leave |
| (1) | For the purposes of this clause, "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 shall be 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. |
| (3) | Notwithstanding subclause (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 to sick leave in terms of subclause (2) hereof by the number of days" sick leave taken in terms of subclause (3). |
| (5) | Subject to clause 22 of this Agreement, an employer shall 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 agreement may reduce the pay to which an employee is entitled in respect of any day"s absence in terms of this clause if— |
| (a) | the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay, and |
| (b) | the employee"s entitlement to pay— |
| (i) | for any day"s sick leave, is at least 75 per cent of the wage payable to the employee for the ordinary hours the employee would have worked on that day; and |
| (ii) | for sick leave, over the sick leave cycle, is at least equivalent to the employee"s entitlement in terms of subclause (2). |
| (7) | The provisions of this clause shall not apply to employers and their employees who are required to contribute to a sick pay fund prescribed in an agreement for the Industry, or to employers and their employees who are participants in and members of a fund, organisation or scheme providing for paid sick leave on a basis which is not less favourable to the employee than that set out in the aforesaid agreement and in respect of which exemption has been granted or is granted by the Council from the provisions of the aforesaid agreement, while such fund, organisation or scheme continues to operate and both the employer and the employee are participants therein. |
| (8) | Notwithstanding any other provision of this clause, no employee shall be entitled to paid sick leave— |
| (a) | in respect of such periods of absence from work for which compensation is payable under the Compensation for Occupational Injuries and Diseases Act, 1993; |
| (b) | in respect of paid public holidays as specified in this Agreement, or in respect of any part of the paid leave referred to in this Agreement. |
| (9) | For the purposes of this clause, "employment" includes any period during which an employee— |
| (a) | is on paid leave or additional paid leave in terms of this Agreement, |
| (b) | is on sick leave in terms of this clause, |
| (c) | is absent from work on the instructions or at the request of the employer. |