Sick leave entitlement is based on a three-year cycle and is dependent on the number of days that an employee would normally work during a six-week period, calculated from the first day of employment. For example, if an employee works a five-day week, then six weeks would equate to 30 days and the employee would therefore be entitled to 30 days sick leave on full pay in every three-year cycle. Sick leave is not 10 days per year – sick leave is 30 days per three years.
The employer may not restrict an employee to taking only 10 days sick leave per year.
During the first six months of employment, the entitlement is 1 days paid sick leave for every 26 days worked, which amounts to approximately 1 day of sick leave in every 5 weeks. On the first working day of month number 7, the balance of the 30 days kicks in and is available to the employee.
If the employee took no sick leave during the first six months of employment, then on the first working day of month number seven that employee would have 30 days sick leave available to last him for the balance of 2 and a half years remaining in his first 3-year cycle.
If the employee took say 4 days sick leave during the first six months of employment, then on the first working day of month number seven, that employee would have 26 days sick leave available to last him for the next 2 and a half years.
This amount can be used by the employee at any time during the next 2 and a half years, or three years, as the case may be, but when it is all used up then of course the employee has no further sick leave available until the start of the next 3 year cycle.
If the employee, for example, uses up all his available sick leave in month number 8 of the cycle, then he has no sick leave left until the commencement of the next cycle.
Note, if the employee uses up all his available sick leave in month number 8, and then in month number 9 he resigns, the employer may not claim back any sick leave from that the employee. Any sick leave remaining to the credit of the employee at the end of a sick leave cycle is forfeited, and is not carried over to the next leave cycle.
Any sick leave remaining to the credit of the employee upon termination of the employment agreement by either party, is forfeited and the employee is not entitled to receive any payment for any sick leave days outstanding to the employee’s credit.