Find out the legal requirements for taking paid sick leave in South Africa, including when sick leave applies and what proof or documentation is required.

When may an employee take sick leave?

Sick leave can be costly, especially if it gets out of hand. Because sick leave is a form of paid leave, it is important to understand when employees are entitled to take sick leave. The right to paid sick leave can be found in sections 22 and 23 of the Basic Conditions of Employment Act of 1997.* This right however, is subject to two conditions:

• Firstly: the employee is only entitled to paid sick leave, if they are too ill to work

and

• Secondly: The employee has the duty to prove that they are, in fact, too ill to work.

Employees often need to take time off for monthly clinic visits, scheduled visits to the doctor or taking time off to collect medication. May they take this as paid sick leave? The key question remains: Is the employee too ill to work? An employee who takes time off for monthly clinic visits to the doctor or time off to collect medication is not too ill to work and is therefore not entitled to be paid for such time off. For more information see the article at https://labourwise.co.za/labour-news/sick-leave-for-check-ups For further assistance, contact us at https://labourwise.co.za/contact-us