21 Nov Know Your Rights: Sick Leave
Know Your Rights:
Proof of incapacity.
(1) An employer is not required to pay an employee in terms of section 22 if the employee has been absent from work for more than two consecutive days or on more than two occasions during an eightweek period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.
(2) The medical certificate must be issued and 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.
(3) 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 subsection (1) unless the employer provides reasonable assistance to the employee to obtain the certificate.
Who does this Chapter Apply to?
The chapter on leave does not apply to an employee who works less than 24 hours a month for an employer and to leave granted in excess of the leave entitlement under this chapter.
Additional Documents from the CCMA
The Department of Labour provides a very comprehensive Contract of Employment Template, which can be downloaded here:-
(You can download a full copy of the Act Basic Conditions of Employment Act No here)
Disclaimer: RESOURCE recruitment is not a Labour Consultancy and is not giving Labour Advice. The above information is freely available on the Department of Labour and CCMA website, and any legal advice should be sought from a legal professional.
