Sick leave is a critical component of employee welfare, ensuring that workers are given adequate time to recover from illness or injury without the fear of losing income or employment. Section 14 of the relevant employment legislation outlines the minimum standards for sick leave entitlements in the absence of more favourable terms in a contract or other legal enactments.
Here is a breakdown of the key provisions of this section:
1. Eligibility for Sick Leave
Employees who are unable to attend work due to illness, injury, or necessary medical treatment are entitled to sick leave under this section. Importantly, the condition should not arise from the employee’s own negligence or failure to take reasonable health precautions.
2. Sick Leave on Full Pay
Employees are entitled to up to 90 days of sick leave on full pay during any one-year period of service. However, this entitlement is conditional upon the employee providing a valid medical certificate from a registered medical practitioner confirming the incapacity.
3. Sick Leave on Half Pay
If an employee exhausts their 90 days of sick leave on full pay within a year, they may be granted an additional 90 days of sick leave on half pay, provided:
- A registered medical practitioner issues a certificate recommending the further leave.
- It is likely, in the opinion of the medical practitioner, that the employee will be able to return to work after this additional period.
4. Termination After Excessive Sick Leave
An employer may consider termination of employment if, during a one-year period:
- The employee has taken more than 90 days of sick leave on full pay, and
- Has also taken up to 180 days of combined full and half pay sick leave.
In such cases, once the statutory sick leave limit is exceeded, the employer is legally permitted to terminate the employment on the basis of prolonged incapacity.
5. Use of Vacation Leave Instead
If an employee prefers, they can choose to utilize their accrued vacation leave instead of:
- Sick leave on half pay, or
- Sick leave without pay (in cases where the entitlement has been exhausted).
This option allows employees to maintain their income levels, albeit at the expense of their future vacation time.
Conclusion
Section 14 establishes a clear, compassionate framework that balances the rights of employees to recover without undue financial hardship, and the rights of employers to manage long-term absences. It emphasizes the importance of medical certification and provides options for continued support through half-pay or vacation leave. Both employers and employees should familiarize themselves with these provisions to ensure compliance and fair treatment in cases of illness or injury.
Note: Employers may choose to offer more favourable sick leave conditions through contracts or policies, but cannot fall below these minimum statutory requirements.