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Title
Abuse of Sick Leave and Leave - pdf
Description
Employees are entitled to sick leave during a cycle of 36 months with the same employer. During this period the employee is entitled to sick leave equal to the days an employee will normally work in 6 weeks. In certain circumstances - abuse of sick leave is grounds for disciplinary action, however there is a fine line between misconduct and incapacity that an employer must be careful not to cross!
Category
Discipline
Sub Category
Discipline
Document Type
Information Sheet
Filename
Abuse of Sick Leave and Leave IS.docx
Publish Date
17/11/2014
Price
R 60.00
Author
Johanette Rheeder
Document Format
DOCX
Abuse of Sick Leave and Leave Employees are entitled to sick leave during a cycle of 36 months with the same employer. During this period the employee is entitled to sick leave equal to the days an employee will normally work in 6 weeks. In the first 6 months of employment the employee is entitled to one day’s paid sick leave for 26 days worked. The employee cannot take more sick leave in the first cycle than 1 day/26 days. On the 7th month of the first cycle, the full 30 days becomes available, less the days the employee has taken during the first 6 months. From now on there is no restriction per month on the employee. Therefore, if the employee does not take sick leave during the first 6 months, the employee will have 30 days available on month 7. If the employee became ill in the first six months, the employee can only take 1 day/26 days and on month 7 the days taken must be deducted, so if the employee took 3 days then on month 7 the employee will have 27 days sick leave available. Sick leave is not granted for illness of a child, family responsibility leave should be used for this. Frequent absence due to illness will probably not be a misconduct case but rather one of incapacity. Make sure that the employer distinguishes between the two. If it is abuse, then it is a misconduct, which can lead to dismissal if repeated. Very often, when this type of offence occurs, it is always on the same day of the week or month and you will be able to establish some kind of pattern of abuse. Typically, the absence would be on a Friday or a Monday, or the day before or the day after a public holiday. Sometimes it would be on payday, or the day before pay day as well as payday, or the day after payday. Whatever the case, there is always a pattern that gives rise to suspicion of abuse of sick leave.