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ARTICLE · 24 JANUARY 2024

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Think Again Before Pulling A "Sickie" – The Abuse Of Sick Leave

The best place to start dealing with sick leave abuse as an employer is to understand what the Basic Conditions of Employment Act (BCEA) states regarding sick leave.

South AfricaEmployment and HR

The best place to start dealing with sick leave abuse as an employer is to understand what the Basic Conditions of Employment Act (BCEA) states regarding sick leave.

Section 22 of the Basic Conditions of Employment Act stipulates that:

  1. "Sick leave cycle" means the period of thirty-six (36) months of 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.

  1. 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 (6) weeks.
  2. Despite Subsection (2), during the first six (6) months of employment, an employee is entitled to one (1) day of paid sick leave for every twenty-six (26) days worked.

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