Sick leave under the BCEA

This guide explains the minimum set by the Basic Conditions of Employment Act 75 of 1997. It is general information, not tax or legal advice.

How much sick leave

Section 22 gives an employee paid sick leave equal to the days they normally work in six weeks, in each sick leave cycle:

• 30 days for an employee who works a five-day week
• 36 days for an employee who works a six-day week

These rules do not apply to an employee who works fewer than 24 hours a month for an employer.

The 36-month cycle

A sick leave cycle is 36 months with the same employer, counted from the day the employee started or from the end of their previous cycle. The cycle belongs to each employee, so people in one business are on different dates. Unused sick leave does not carry over to the next cycle.

The first six months

During the first six months, an employee is entitled to one day of paid sick leave for every 26 days worked. Any days they take in this period come off their entitlement for the first cycle.

Medical certificates

Under section 23, you do not have to pay an employee who cannot produce a medical certificate on your request if they:

• are absent for more than two consecutive days, or
• are absent more than twice in eight weeks.

The certificate must state that the employee was unable to work because of sickness or injury, and it must be signed by a medical practitioner or another person registered to diagnose and treat patients.

Pay during sick leave

You pay the employee what they would have earned for the time they would normally have worked, on their usual pay day.

How HRify handles it

HRify tracks sick leave on the 36-month cycle from each employee’s own start date. Read the guide to annual leave, or see HRify’s leave management.