What is the sick leave cycle?
The sick leave cycle is the 36-month period over which South African employees are entitled to paid sick leave under section 22 of the Basic Conditions of Employment Act (BCEA). The first cycle starts when employment begins, and a new one starts each time the previous cycle ends.
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In each 36-month cycle, an employee is entitled to paid sick leave equal to the number of days they would normally work in six weeks: 30 days for someone working five days a week, or 36 days for six days a week.
In the first six months of employment, the entitlement is one day of paid sick leave for every 26 days worked. The employer may deduct the days taken in those months from the entitlement for the first cycle. Each new cycle starts with a fresh entitlement.
Medical certificates
An employer does not have to pay for sick leave if the employee has been absent for more than two consecutive days, or on more than two occasions in an eight-week period, and does not produce a medical certificate when asked. The certificate must state that the employee was unable to work because of illness or injury. It must be issued by a medical practitioner, or another person certified to diagnose and treat patients and registered with a professional council. Special rules apply to employees who live on the employer’s premises.
Pay and variations
Sick days are paid at the wage the employee would ordinarily have earned that day, on the usual payday. An agreement can reduce the daily rate to no less than 75% of normal pay, but only if the number of paid sick days rises at least in proportion and the total paid over the cycle is at least the standard entitlement.
Sick leave applies regardless of the BCEA earnings threshold, but not to employees who work less than 24 hours a month for an employer.
Sick leave when you hire through an EOR
With TopSource as your Employer of Record in South Africa, we track each employee’s cycle from their start date, apply the first-six-months rule, collect medical certificates where the law allows us to ask for them and pay sick days through payroll.
Frequently asked questions
How many sick days do employees get in South Africa?
The number of days they would normally work in six weeks, over each 36-month cycle: 30 days on a five-day week.
When can an employer ask for a sick note in South Africa?
When the employee is absent for more than two consecutive days, or more than twice in eight weeks. Without a certificate in those cases, the employer does not have to pay.
Do employees get sick leave in their first six months?
Yes, at a lower rate: one paid day for every 26 days worked. Those days can be deducted from the first cycle’s entitlement.
Related terms in South Africa
- Temporary Employment Services (South Africa)
- Section 198B Fixed-Term Rule (South Africa)
- BCEA Earnings Threshold (South Africa)
- Retrenchment (South Africa)
- Restraint of Trade (South Africa)
- Family Responsibility Leave (South Africa)
- Employment Equity Act Reporting (South Africa)
- B-BBEE Scorecard (South Africa)
- Critical Skills Work Visa (South Africa)
- POPIA and Employee Data (South Africa)
- EMP201 Monthly Return (South Africa)