Sectoral Determination 3: Private Security Sector, South Africa
10. Sick Leave

 

 

1)       In 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 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.

 

3)       Despite 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) by the number of days sick leave taken in terms of subclause (3).

 

5)       Subject to subclause (8), an employer must pay an employee for a day’s sick leave-

a)       the ordinary wage the employee would have received, excluding any allowances; 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 the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay; and

a)       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)       An employer may, as a condition precedent to the payment by the employer of any amount claimed in terms of this clause by an employee require the employee to produce a certificate signed by a registered 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 stating the nature and the duration of the employees incapacity: in respect of any absence from work-

a)       on more than two consecutive working days; or

b)       on the working day immediately preceding or the working day immediately succeeding, in the case of-

i)         a security officer a free period, public holiday or Sunday;

ii)        any other class of employee a Sunday or public holiday.

 

8)       When an employee has, during any period up to eight weeks received payment in terms of this clause on two or more occasions without producing such a certificate, an employer may during the period of eight weeks immediately succeeding the last such occasion require the employee to produce such a certificate in respect of any absence from work.