Sick Leave in first year with company
Hi Guys
I just have a quick question.
I know that most companies do not give leave in the first year a person starts working there.
But, what about sick leave?
If a person gets a heart attack within the first year and is off sick, with a doctors note, can the company deduct the number of days off from a salary?
As far as I know Sick leave can and must be taken. If you have a valid doctors certificate I cannot see how it will be a problem except that your employer may try to strong arm you...
http://www.labourguide.co.za/conditi...s-of-leave-437
So in short, if you are in your 7th month, your employer isn't legally allowed to refuse you paid sick leave. More in depth information at the link above.A sick leave cycle is a period of 36 months employment with the same employer immediately following the date of commencement of employment, or the completion of the prior sick leave cycle. During the first 6 months of employment, the employee is entitled to 1 day sick leave for every 26 days worked. On the first working day of month number 7, the balance of the 30 days becomes available to the employee, less any days taken sick during the first 6 months of employment.
Originally Posted by ANCYL
That is why I am asking. According to the employer, one is not entitled to sick leave within the first year in a company. That is with or without sick notes.
What kind of screwed up company is this? Not entitled to sick leave in the first year??
You were watching until a stone was cut out without hands
and if you get hit by a bus must you come to work
Well he's contravening the BCEA, to the CCMA!
"Don't be a hater, yo. I'm in a jacuzzi."
Not an expert in these matters but if the heart attack occurs in the first month it seems that no sick or other pay has accrued as yet thus all time off is unpaid.
Maybe its different from one company to the next, but I always thought leave and sick leave was accumulated with every month you work. So after the first month already, you can take leave and sick leave.
If you went over what was available to you, depending on the company you could go into negative, and if you leave the company, this would be deducted from your final salary.
Never once heard that you couldn't take leave or sick leave during the first year.
The attack happened in the 4th month.
Depends if you are permantly employed or on contract, then IIRC you get 30 days over a three year time span.
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Nemo saltat sobrius.
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In that case I'd guess a max of 4 days paid, the rest unpaid.During the first 6 months of employment, the employee is entitled to 1 day sick leave for every 26 days worked
Sick leave is calculated as 36 days paid sick leave in a 3 year cycle.
In other words, 1 day for every month worked.
The cycle starts on the day you are employed, and reverts after the cycle is complete, starting again.
If you are hit by a bus on the second day of your new job, and spend 36 days in hospital, they are all paid sick leave days.
Should you then need sick leave after your discharge from hospital they can be deducted from your annual leave, or you get unpaid sick leave.
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The only exception being that during the first 6 months of employment you are only entitled to 1 day per month. When you reach your 7th month you are allowed to access the remainder of the three year cycle.
You are NOT entitled to 36 sick leave days in the second day of your job. You accumulate 1 day per month for 6 months and only after this can you access the rest of the days.
never mind
entia non sunt multiplicanda praeter necessitatem
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