Sick Leave Abuse

Sep 6, 2024

It is a common problem that employees abuse sick leave in the workplace. Employers are aware that some employees believe that their sick leave is an entitlement or a right.

This article provides important guidelines for employers regarding the earnings threshold, sick leave entitlements, and handling potential sick leave abuse under the Basic Conditions of Employment Act (BCEA) in South Africa. Here is a breakdown of the key points:

 

Earnings Threshold 2024

  • New Threshold: Effective 1 March 2024, the earnings threshold is R254,371.67 annually, or R21,197.63 monthly.
  • Previous Threshold: From 1 March 2023, the threshold was R241,110.59 annually.
  • Importance: Employers must identify employees who earn above or below this threshold, as it significantly impacts the terms and conditions of their employment agreements.

 

Sick Leave Entitlement

  • Entitlement Period:
    • During the first six months, paid sick leave is calculated as one day for every 26 days worked.
    • Over a 36-month cycle, employees working a 5-day week are entitled to 30 days of paid sick leave; those working a 6-day week are entitled to 36 days.
    • The leave cycle begins on the first day of employment, and any sick leave taken during the first six months is deducted from the total cycle.
  • Eligibility: Sick leave is only due to employees who are genuinely too ill to work.

 

Paid vs. Unpaid Leave

  • Paid Sick Leave: Employees are entitled to paid sick leave if they have available days and provide a valid medical certificate.
  • Unpaid Leave or Deduction from Annual Leave: If an employee’s sick leave is exhausted or they fail to provide a valid medical certificate, the employer may:
    1. Process the absence as unpaid leave.
    2. Deduct the absence from the employee’s annual leave.
  • Conditions for Non-Payment: An employer is not required to pay for sick leave if the employee has no available sick leave days, fails to provide a valid medical certificate when required, or is absent without permission.

 

Addressing Sick Leave Abuse

  • Investigating Misconduct:
    • Employers should ask the following questions to assess if the employee’s behaviour constitutes misconduct or incapacity:
      • Is the employee frequently taking sick leave in a short period?
      • Has the employee exhausted his/her sick leave?
      • Are there patterns in the sick leave (e.g., frequent absences on Mondays or Fridays)?
      • Are valid medical certificates being provided?
      • Are there underlying issues, such as domestic violence or depression, that might explain the absences?
  • Procedures:
    • Incapacity Procedure: If the employee is genuinely ill, they may be dismissed for incapacity after a medical investigation.
    • Disciplinary Procedure: If no severe health issues are found, further investigation into sick leave absences may lead to charges of misconduct, potentially resulting in a disciplinary hearing.

 

Importance for Employers

Employers are encouraged to address these matters promptly, objectively, and consistently. By doing so, they can foster a work environment with less conflict and misunderstanding, which is crucial for the sustainability and profitability of the business.

Disclaimer: LabourMan exclusively provides services to employers.

The content does not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. Kindly contact us on info@labourman.co.za or 021 556 1075 to speak to one of our consultants.

Author:

Wallace Albertyn

Wallace Albertyn is a Senior Associate and Legal Advisor at LabourMan Consultants.

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