Frequently Asked Questions: Sick Leave in South Africa

  1. How much sick leave am I entitled to in South Africa?

Employees are entitled to six weeks of paid sick leave over a 36-month (3-year) cycle. This usually equates to 30 working days for employees who work a five-day week, or 36 days for those working a six-day week.

  1. How is sick leave calculated?

In the first six months of employment, an employee earns one day of paid sick leave for every 26 days worked. After six months, the full sick leave entitlement for the 3-year cycle becomes available.

  1. Do I need a medical certificate to take sick leave?

Yes, but only if:

  • You are absent for more than two consecutive days, or
  • You are absent more than twice in an 8-week period.

The medical certificate must be issued by a registered medical practitioner.

  1. Can my employer refuse to pay me if I don’t produce a medical certificate?

Yes. If you don’t provide a valid medical certificate when required, your employer is not obligated to pay you for the sick leave taken.

  1. What happens if I use all my sick leave and I’m still ill?

If you have exhausted your paid sick leave, your employer is not legally required to pay you for additional days off unless parties agree to use annual leave (if available).

  1. Does sick leave accumulate if I don’t use it?

No. Sick leave is not carried over beyond the 36-month cycle. Any unused sick leave lapses at the end of the cycle.

  1. Is sick leave different from family responsibility leave or maternity leave?

Yes:

  • Family responsibility leave covers situations like the illness of a child or death in the family (3 days per year for qualifying employees).
  • Maternity leave is separate and offers 4 months unpaid leave, with possible UIF benefits.
  1. Can I be dismissed while on sick leave?

An employer cannot dismiss you just for being sick, but if:

  • Your illness is long-term, and
  • You are no longer able to perform your duties,

then dismissal may occur after a fair process, including medical assessments and attempts to accommodate you.

  1. What if I become sick while on annual leave?

If you are ill during your annual leave and produce a valid medical certificate, those days can be converted from annual leave to sick leave – but only by agreement.

  1. Does sick leave apply to part-time or temporary employees?

Yes, but on a pro rata basis. Sick leave is calculated according to the number of days they normally work in a six-week period or at 1 day paid sick leave for every 26 days worked.

  1. What if my employer refuses to grant or pay for sick leave?

You can:

  • Raise the issue internally (HR or management),
  • Contact the CCMA (Commission for Conciliation, Mediation and Arbitration), or
  • Approach the Department of Employment and Labour.

 

This article does not constitute legal advice and is based on the author’s interpretation of legislation and case law. Book a consult for legal advice or assistance pertaining to your specific matter.