Sick leave is the paid leave the Basic Conditions of Employment Act (BCEA) entitles an employee to take when too ill or injured to work.
What it means
Rather than a fresh allocation every year, the BCEA grants sick leave on a three-year cycle: an amount equal to the number of days the employee would normally work in six weeks, available across that whole cycle rather than reset annually. During the first six months of employment, an employee instead accrues one day of paid sick leave for every 26 days worked.
Where it fits in
Employers can require a medical certificate for absences of more than two consecutive days, or more than twice in an eight-week period, before paying out sick leave. Once the three-year cycle's entitlement is exhausted, further absence is typically unpaid unless the employer's policy or a collective agreement provides otherwise.
Key rules
- Cycle-based: equivalent to six weeks' worth of working days every 36 months, not a fresh annual allocation.
- Accrual during the first six months is one day per 26 days worked, rather than the full cycle entitlement.
- A medical certificate may lawfully be required to justify payment for longer or repeated absences.
- Paid at the employee's normal rate of pay, taxed through ordinary PAYE.
