How many sick days can someone take before you can fire them?

[Hansolo]

How many day until it starts becoming unpaid leave?

I think it's called incapacity?

 

[upup]

me=180 over 3 years

 

[maumau]

Isn't it illegal to fire someone because they're sick? Chronic sick like HIV.

 

[ponder]

http://www.labourguide.co.za/conditions-of-employment/435-everything-you-need-to-know-about-leave
http://www.labour.gov.za/DOL/legislation/acts/basic-guides/basic-guide-to-sick-leave

 

[HavocXphere]

How many day until it starts becoming unpaid leave?

Not sure as to the exact number...but something along the lines of 30 days over 3 years or something?

I think it's called incapacity?

No...afaik incapacity is if something goes seriously wrong and you can't work effectively (permanently). That should be covered by disability cover, no?

Also, OP judging by your combo thread creation I'd say you're asking all the wrong questions...extrapolating from your threads I'm inclined to say that pre-existing condition in the context of med aid should be the focus of your research.
http://mybroadband.co.za/vb/showthr...commend-a-good-medical-aid-with-good-coverage

 

[ichigo]

Can someone refuse to pay sick leave even with a doctor's certificate as I only been sick twice this year and my boss' wife refused to pay and said I must take unpaid leave .

Had bornholm's disease in my chest not like it was a sneeze.

 

[Mr_M]

Can someone refuse to pay sick leave even with a doctor's certificate as I only been sick twice this year and my boss refused to pay and said I must take unpaid leave .

No. Your boss HAS to pay you if you have a doctors certificate. The leave that this falls under is "sick leave".

 

[Sonic2k]

Can someone refuse to pay sick leave even with a doctor's certificate as I only been sick twice this year and my boss' wife refused to pay and said I must take unpaid leave .

Had bornholm's disease in my chest not like it was a sneeze.

You work for an absolutely horrible person. But ja, those kinds of bosses are in plentiful supply in SA

 

[ichigo]

No. Your boss HAS to pay you if you have a doctors certificate. The leave that this falls under is "sick leave".

You work for an absolutely horrible person. But ja, those kinds of bosses are in plentiful supply in SA

Thought so she is a pain to work with always finding or making up something to complain about so she doesn't have to pay me for my extra day of work we agreed on in the contract.

 

[ISP cash cow]

Can someone refuse to pay sick leave even with a doctor's certificate as I only been sick twice this year and my boss' wife refused to pay and said I must take unpaid leave .

Had bornholm's disease in my chest not like it was a sneeze.

Your boss has to pay you. You are entitled to 30 days in a 3 year cycle for sick leave and as long as you are within the laws of taking the sick leave, like providing a doctors note etc you have to get paid for it.

Only after your 30 days have depleted can they start taking it off as unpaid leave.

 

[ichigo]

Your boss has to pay you. You are entitled to 30 days in a 3 year cycle for sick leave and as long as you are within the laws of taking the sick leave, like providing a doctors note etc you have to get paid for it.

Only after your 30 days have depleted can they start taking it off as unpaid leave.

Is there a way to get her to pay me for that day or is it just a write off?

Last year was sick 1 day and other year was 2 days

 

[ISP cash cow]

Is there a way to get her to pay me for that day or is it just a write off?

Just tell her you phoned the dept of labour and they told you that she has to pay you for the sick day you took that you had a sick note for. Also remind her that as a working company she has to have the basic conditions of employment up on a wall in an area where the staff has access to it.

This explains the sick leave conditions (as well as the other conditions)

 

[ichigo]

Just tell her you phoned the dept of labour and they told you that she has to pay you for the sick day you took that you had a sick note for. Also remind her that as a working company she has to have the basic conditions of employment up on a wall in an area where the staff has access to it.

This explains the sick leave conditions (as well as the other conditions)

Thanks will try that been here 6 years and barely sick and if I am I go to work unless its bad.

CCMA

Will remember that next time always forget about them.

 

[satanboy]

Can someone refuse to pay sick leave even with a doctor's certificate as I only been sick twice this year and my boss' wife refused to pay and said I must take unpaid leave .

Had bornholm's disease in my chest not like it was a sneeze.

CCMA

 

[Kosmik]

Your boss has to pay you. You are entitled to 30 days in a 3 year cycle for sick leave and as long as you are within the laws of taking the sick leave, like providing a doctors note etc you have to get paid for it.

Only after your 30 days have depleted can they start taking it off as unpaid leave.

Depends on how long you have worked for them, there is an exception if you are a new employee:

During the first six months of employment, the entitlement is 1 day paid sick leave for every 26 days worked, which amounts to approximately 1 day sick leave in every 5 weeks.

 

[cenredash]

Is there a way to get her to pay me for that day or is it just a write off?

Last year was sick 1 day and other year was 2 days

I know your type, this sick day every year is turning into a bit of a habit

 

[Rocket-Boy]

Is there a way to get her to pay me for that day or is it just a write off?

Last year was sick 1 day and other year was 2 days

Dont go to the CCMA, just phone the labour department and ask them to come and do an inspection.
You stay anonymous and they have to interview you without bosses present, you raise those concerns at that point and they sort it out.
Those inspections are normally at random but your employer will have no way of knowing if a call started it off.

 

[ichigo]

I know your type, this sick day every year is turning into a bit of a habit

reminds me of the person who works with my mom who claims she is sick every second Friday and/or Monday

Wish I was faking the sinus headaches/stomach/chest problems since its quite painful sometimes yet still go to work most of the time lol. Spring/Autumn is my worst time with the change of weather.

Dont go to the CCMA, just phone the labour department and ask them to come and do an inspection.
You stay anonymous and they have to interview you without bosses present, you raise those concerns at that point and they sort it out.
Those inspections are normally at random but your employer will have no way of knowing if a call started it off.

Which number would I call?

 

[Other Pineapple Smurf]

reminds me of the person who works with my mom who claims she is sick every second Friday and/or Monday
...

I was able to fire a staff member like that.

She was sick the one Saturday (last day of the week) and then again a Saturday two weeks afterwards and then the Tuesday (first day of the working week).

She was clever and knew labour law ... or so she thought. Labour law says you only need a doctors certificate for being sick for two consecutive calendar days. But the last working day and first working day of your week are not consecutive calendar days, only work days.

So she did not require a certificate for being sick the Saturday and Tuesday - this is a little known fact that even HR departments get wrong and not worth the effort to argue with them on this one.

BUT! If you are sick 3 times within 6 weeks (correct me if its more or less) then the employer is allowed to insist on a doctor certificate or send the person to his/her own doctor.

We told her we are going to do this and then she got difficult with us. We use an independent labour consultant for all our hearings but she quiet before the hearing as she admitted guilt and knew she would be fired. CCMA threw her case out after they contacted us.

EDIT: This was not the first offence with this staff member. She had a previous written warning and a few verbal warnings for various offences.

 

[ichigo]

I was able to fire a staff member like that.

She was sick the one Saturday (last day of the week) and then again a Saturday two weeks afterwards and then the Tuesday (first day of the working week).

She was clever and knew labour law ... or so she thought. Labour law says you only need a doctors certificate for being sick for two consecutive calendar days. But the last working day and first working day of your week are not consecutive calendar days, only work days.

So she did not require a certificate for being sick the Saturday and Tuesday - this is a little known fact that even HR departments get wrong and not worth the effort to argue with them on this one.

BUT! If you are sick 3 times within 6 weeks (correct me if its more or less) then the employer is allowed to insist on a doctor certificate or send the person to his/her own doctor.

We told her we are going to do this and then she got difficult with us. We use an independent labour consultant for all our hearings but she quiet before the hearing as she admitted guilt and knew she would be fired. CCMA threw her case out after they contacted us.

EDIT: This was not the first offence with this staff member. She had a previous written warning and a few verbal warnings for various offences.

Sadly the boss and her are mates so don't think she will ever get fired so she gets away with it everytime and the other staff has to change their times around her and even forfeit their leave/sick leave.

My mom and the other staff get angry everytime that they can't do a thing.