S.L. 452.37 Art. 10Sick leave. Cap. 318. Cap. 318. Cap. 318 Cap. 318. Cap. 318 S.L. 452.87

(1) After six months continuous service, a whole-time employee shall be entitled to the equivalent in hours of six days sick leave on full pay, less an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social

Security Act, and part-time employees shall have a pro rata entitlement to sick leave in hours on full pay, less an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act, which amount is also to be calculated on a basis: pro rata Provided that -

(a) the first three days of any claim for sick leave shall be paid in full by the employer;

(b) a medical certificate covering the period of absence is produced to the employer on the day of return to work or, if such period of absence is longer than seven days, within seven days of the onset of sick leave absence;

(c) employees in receipt of a social security pension in respect of retirement or widowhood in terms of the Social Security Act shall, for the purpose of calculating the sick leave pay due, be deemed to have received an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act.

(2) In every calendar year after one year’s continuous service, a whole-time employee shall in every calendar year be entitled to the equivalent in hours of twelve days sick leave on full pay, less an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act, and part-time employees shall have a pro rata entitlement to sick leave in hours on full pay, less an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act, which amount is also to be calculated on a basis: pro rata Provided that -

(a) the first three days of any claim for sick leave shall be paid in full by the employer;

(b) a medical certificate covering the period of absence is produced to the employer on the day of return to work or, if such period of absence is longer than seven days, within seven days of the onset of sick leave absence;

(c) employees in receipt of a social security pension in respect of retirement or widowhood in terms of the Social Security Act shall, for the purpose of calculating the sick leave pay due, be deemed to have received an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act.

(3) In every calendar year after one year’s continuous service a whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further twelve days sick leave on half pay, less an amount equal to half the sum set for sickness benefit entitlement at the rate established under the Social Security Act, and part-time employees shall have a entitlement to sick pro rata leave in hours on half pay, less an amount equal to half the sum set for sickness benefit entitlement at the rate established under the Social Security Act, which amount is also to be calculated on a pro rata basis: Provided that -

(a) the first three days of any claim for sick leave shall be paid at half pay by the employer;

(b) a medical certificate covering the period of absence is produced to the employer on the day of return to work or, if such period of absence is longer than seven days, within seven days of the onset of sick leave absence;

(c) employees in receipt of a social security pension in respect of retirement or widowhood in terms of the Social Security Act shall, for the purpose of calculating the sick leave pay due, be deemed to have received an amount equal to half the sum set for sickness benefit entitlement at the rate established under the Social Security Act.

(4) Without prejudice to sub-paragraphs (2) and (3), if a whole-time employee is suffering from an illness which is prolonged over a continuous period exceeding fifteen days, the period of sick leave allowed to him shall for that calendar year be extended to the equivalent in hours of fifteen days sick leave on full pay, followed by the equivalent in hours of fifteen days sick leave on half pay, and in either case, such leave shall be paid in accordance with sub-paragraphs (2) and (3) respectively:

Provided that part-time employees shall have a pro rata entitlement to such extended sick leave in hours, and such leave shall be paid in accordance with sub-paragraphs (2) and (3) respectively.

(5) The employer may require a medical certificate by his own physician to certify incapacity for work during the period of absence.

(6) The sick leave entitlement granted by virtue of this paragraph shall be calculated on the basis provided for annual leave as specified in regulation 8(1) of the Organisation of Working Time Regulations.