Frequently Asked Questions

No, an employee may not be expected to submit a medical certificate in such a case. If abuse of the benefit is suspected, the alleged illness/injury may be investigated and disciplinary action taken against the person depending on the circumstances. This can then be considered as a sanction.

NB: According to the wording of SD13, a medical certificate can be insisted on only after two consecutive days' absence, or after 2 working days within an 8-week period.

SD13's definition of the word "day" refers to working days. Where a public holiday falls on a weekday and the farm works on that day, we believe a case can be made that an employee who was absent the day before and the day after the public holiday was in fact absent for three days, and that a medical certificate can therefore be insisted on before paid sick leave is granted.

According to Sectoral Determination 13, leave must be paid out on termination of service to persons who have been employed for longer than 4 months. Note that the 4 months are calculated on actual days worked, because the person earns 1 day's leave per 17 days worked. This leave payout may be reduced by the number of days of occasional leave granted to the employee with pay.

It is recommended that employment contracts for seasonal employees include the following conditions:

a) The leave accrual rate per SD13 is 1 day for every 17 days on which the employee was entitled to payment. Since the employee is appointed for a limited fixed term (as mentioned above) which is a season of high work pressure, no annual leave will be granted during this term.

b) In exceptional cases with merit, occasional leave with pay may be granted, provided the employer's express permission is obtained beforehand. Any absence without this express permission will be unpaid.

c) If the Employee has completed more than four months' continuous service at the expiry of the employment contract, any leave that accrued in terms of this clause and was not taken by the Employee will be paid out to the employee.

Note too that these 4 months can also be made up where the same person works more than one contract for the same employer within 12 months and the total for those 12 months exceeds 4 months.

(VERY IMPORTANT: There are legal experts, and even the Department, who claim that outstanding leave is also payable to persons who work less than the 4 months. We will report in a special newsletter if clarity is reached on this.)

Paid sick leave must be granted when the employee cannot work "due to illness or injury", even if his condition is the result of, for example, a fight or a sports injury. Rather follow the disciplinary route if and where necessary.

A single adoptive parent is entitled to 10 consecutive weeks of adoption leave. The leave starts on the day the adoption order is granted or when the specific court places the child in the care of the adoptive parent.

SD13 provides that leave pay is payable before the leave begins. We are of the opinion, however, that where wages are paid electronically, it may be paid on the normal agreed date(s).

These offences are often confused and it can cost employers dearly if they do not clearly understand the distinction. So effectively forget the statement that the "deserter dismisses himself"! The same applies to any policy that provides that if an employee is absent for a set number of days without permission, his service will "automatically" be terminated.

What is the difference? Desertion is when an employee has no intention of returning to work, which raises the question of how the employer is supposed to establish the employee's intention. What the employer must do is make proper enquiries about the employee's whereabouts: by telephone, SMS, letter to the last known address, or by messenger. The message to the employee must be that he is absent without permission, and that he must contact his employer to explain why, in order to avoid disciplinary action. It is important that the employer builds up a record of the steps he took to trace the employee before acting. And then?

It is recommended that a significant number of days, not fewer than 5 working days, pass before action is taken. Keep the employee's file open, but place all unpaid monies such as leave pay, etc. on a holding file. Remember the employee may still show up, with or without a good excuse. When he does show up, a disciplinary process can be started to determine whether he was guilty of any offence, and an appropriate sanction determined. If, after say a month, he has still not shown up and all attempts to trace him have failed, it can be assumed that he does not intend to return to work, and his file can be closed as deserted – the UIF is also informed accordingly.

Seasonal employees qualify for 1 working day’s sick leave for every 26 days (or 1/16 hours) worked during the first 6 months; but please note that a seasonal worker, who works for longer than 6 months, qualify for the full 30 days sick leave from month 7. (The same as for permanent employees.)

Since it is not the employee's fault and the employment relationship is not interrupted, we believe that normal leave does accrue. However, there is uncertainty about this even within the Department of Employment and Labour, and we undertake to inform our members when there is more certainty.

Yes. Employees are entitled to sick leave and to payment for public holidays (as provided by legislation), and if it is suspected that sick leave is being abused, it is a disciplinary matter.

Sick certificates may only be required after 2 working days.

Yes. (New June 2025)

According to SD13, farm workers who were employed for less than four months are still entitled to payment of any outstanding, accrued annual leave when their employment is terminated. This right stems from the employer's primary obligation set out in Clause 29(1)(d), read with Section 20(1) of the Basic Conditions of Employment Act (BCEA), which applies in terms of Clause 1(5) of the Sectoral Determination. Please note, however, that the method of calculating this leave entitlement is not applied in accordance with Clause 29(1)(e).

All unused leave must be paid out on termination of service. The 15 days may also not be forfeited; they must be taken. Any leave in excess of the 15 days may be dealt with as agreed.

No. An employer may not allow or request that an employee take leave during the notice period. This does not necessarily mean that a person must work during this period. It can be agreed with an employee that he or she need not work, but must be paid in full for the notice period and outstanding leave must still be paid out.

Yes

The first 3 days are not covered by the Compensation Fund and, strictly speaking, cannot be granted as sick leave. We do, however, recommend that the 3 days be paid as special leave.

Employers are not always sure what to do about the absence of employees who have to collect medication at clinics or similar institutions, then sit there all day because of long queues, and mostly are not even ill.

Answer: The situation can be summarised as follows:

If it concerns contraceptives or non-essential medication, paid sick leave does not apply;

Where it concerns medicine that the employee must take on the recommendation of a registered medical practitioner, the matter is less clear and one must act carefully. On the one hand, the visit to the clinic may form part of the employee's recovery or of preventing a recurrence or worsening of the condition. On the other hand, the Act implies that employees' sick leave can only be taken if the employee is too ill or injured to work. It is recommended that the safe route be followed by regarding such cases as part of the recovery or prevention process and therefore broadly as part of paid sick leave. This does not prevent practical rules from being laid down which, for example:

• Require the medical practitioner to confirm in writing that the medication is essential (without this, ordinary leave must be taken);

• Consider granting ½ day's paid sick leave;

• Investigate the availability of alternatives (e.g. mobile clinics);

• Consider collecting the medication on the employee's behalf, in consultation with the clinic;

• Locally there will probably be other options too.

The employer pays the prescribed 75% not only until the end of the contract, but for the full 3 months; thereafter the employee must claim it directly from the Compensation Commissioner.

Yes

Although there are different opinions whether, apart from normal leave, this Section is also applicable to Sick (see section 22) and Family Responsibility Leave (see section 27), we advise that Sec 84 applies to all 3 types of leave.

Gets treated as normal sick leave.

Every employee in SA is obliged to contribute to the UIF, regardless of nationality or citizenship. Documented foreigners must therefore also contribute.