S.L. 452.101 Art. 3Sick leave.

(1) A whole-time employee whose entitlements are not covered by a Conditions of Work Regulation Order shall, on employment, be entitled to sick leave, of at least the equivalent in hours, calculated as provided for in subregulation (3), of two working weeks sick leave in every calendar year on full pay, less an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act, and part-time employees shall have a entitlement to sick leave in hours pro rata on full pay, less an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act, which amount is also to be calculated on a pro rata basis:

Provided that -

(a) the first three days of any claim for sick leave shall be paid in full by the employer; and

(b) persons in receipt of a social security pension in respect of retirement or widowhood in terms of the Social Security Act shall, for the purpose of calculating the sick leave pay due, be deemed to have received an amount equal to the sum set for sickness benefit entitlement at the rate established under the Social Security Act.

(2) Unless otherwise provided in an applicable collective agreement, an employee who has been absent from work on sick leave shall present a medical certificate issued by a registered medical practitioner attesting to the employee’s incapacity for work during any such period of absence. Such medical certificate shall be presented to the employer on the day of return to work or, if such period of absence is longer than seven days, within seven days of the onset of sick leave absence. The employer shall have the right, if he deems fit, to send a medical practitioner to visit and examine an employee who is on sick leave.

(3) The sick leave entitlement shall be calculated on the basis provided for annual leave as specified in regulation 8(1) of the Organisation of Working Time Regulations.

(4) Notwithstanding subregulation (1), when an employee is in employment for less than twelve months, the employee shall only be entitled to sick leave as is in proportion to the period in employment.