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How is sick leave calculated for a fixed-term contract?

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Learn how sick leave is calculated for fixed-term contract employees in South Africa, with cycle and entitlement details.

 

How is sick leave calculated for a fixed-term contract?

Unlike annual leave, sick leave accrues in three-year cycles.

But a fixed term contract can be for a much shorter period – this can be anything from a few weeks to a few years.

During every three-year cycle and employee is entitled to an amount of paid sick leave that is equal to the number of days that the employee would normally work during a period of six weeks.

For an employee who works five days per week, this comes to 30 days paid sick leave per three-year cycle.

During the first six months the employee is entitled to one day’s sick leave for every 26 days worked.

So, what happens if the employee is on a fixed-term contract for longer than six months, but shorter than three years.

In that case, the employee would be entitled to the entire 3-year quota of paid sick leave.

This means that after the first six months, the employee is entitled to all the sick leave for a 3-year cycle, even though the fixed-term contract expires earlier.

For example, a 5-day per week worker who is on a fixed-term contract of nine months who gets sick after six months of employment, may take up to 30 days’ paid sick leave.

The relevant sections of the Basic Conditions of Employment Act, can be found at https://labourwise.co.za/wp-content/uploads/2025/08/Extract-from-the-Basic-Conditions-of-Employment-Act-of-1997.pdf

For further assistance, contact us at https://labourwise.co.za/contact-us

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