South Africa’s sick leave law provides employees with 30 days of paid sick leave in every 36-month cycle under the Basic Conditions of Employment Act (BCEA). The system gives employees 6 days’ paid leave in each of the first two years of the cycle, and a balance equivalent to the number of days that would have been paid in the third year.
Key Takeaways
- Employees earn 30 days of paid sick leave per 36-month cycle (6 days per year)
- Sick leave is paid at the employee’s normal wage or salary
- A medical certificate is required from the 3rd consecutive day of absence
- Employers cannot require a certificate for single-day absences
- Sick leave cannot be accumulated beyond the 36-month cycle
South Africa’s Sick Leave Entitlement
The BCEA (Basic Conditions of Employment Act, 1997) sets the sick leave framework for all employees except those covered by sectoral determinations with more generous terms. The entitlement operates on a 36-month cycle — not a calendar year.
During the first two years of any 36-month cycle, the employee earns 6 days of paid sick leave per year. In the third year, the employee receives a lump balance equivalent to 18 days (6 × 3), making the total 30 days over 3 years.
If the employment ends before the end of the 36-month cycle, the employee is entitled to the sick leave balance they would have earned up to the date of termination, less any days already taken.
Who Pays for Sick Leave?
| Period | Pay Rate | Who Pays |
|---|---|---|
| All 30 days (within cycle) | 100% of normal wage | Employer |
There is no state sickness benefit for ordinary illness in South Africa. The employer bears the full cost of all 30 days of sick leave.
Sick Leave Pay Rates
| Period | Pay Rate | Source |
|---|---|---|
| Days 1–6 (year 1 of cycle) | 100% of normal wage | BCEA Section 22 |
| Days 7–12 (year 2 of cycle) | 100% of normal wage | BCEA Section 22 |
| Days 13–30 (year 3 of cycle) | 100% of normal wage | BCEA Section 22 |
| Beyond 30 days | Unpaid (or UIF) | BCEA / UIF Act |
If an employee has exhausted their sick leave balance, they may apply for Unemployment Insurance Fund (UIF) benefits for incapacity, but this is a separate process and typically pays less than the employee’s full salary.
Medical Certificate Requirements
The BCEA sets clear rules on medical certificates:
- Days 1–2: No medical certificate can be required by the employer
- From day 3: A medical certificate from a registered medical practitioner is required
- Certificate must state: The date of examination, the date the employee is unfit for duty, and the expected duration of absence
- Employer may not require a certificate for the first 2 consecutive days of sick leave
This rule is strictly enforced by the Department of Employment and Labour. Requiring a certificate for single-day absences is an unfair labour practice.
How to Calculate Sick Pay in South Africa
Example: An employee earning ZAR 25,000/month is off sick for 10 working days (2 weeks).
- Days 1–10: 100% of normal wage
- Daily wage: ZAR 25,000 × 12 ÷ 365 = ZAR 822/day
- Sick pay for 10 days: ZAR 822 × 10 = ZAR 8,220
The employee uses 10 days of their 30-day cycle balance. They have 20 days remaining for the current 36-month cycle.
The 36-Month Cycle Explained
The 36-month cycle is unique to South Africa and often misunderstood:
- Year 1: 6 days earned, 6 days available
- Year 2: 6 days earned, up to 12 days available (including year 1 balance)
- Year 3: 18 days earned, up to 30 days total available
- Cycle restarts: After 36 months, a new cycle begins
If the employee does not use all their sick leave in a cycle, the unused days are lost — they do not carry over to the next cycle.
Employer Obligations and Penalties
South African employers must:
- Record all sick leave taken by each employee
- Provide payslips showing sick leave deductions
- Not require medical certificates for the first 2 days of absence
- Pay 100% of normal wage during sick leave
- Maintain records for at least 3 years after the employee leaves
Non-compliance can result in fines from the Department of Employment and Labour, referrals to the CCMA (Commission for Conciliation, Mediation and Arbitration), and potential back-pay claims.
Comparison With Other Countries
| Country | Sick Days | Pay | Certificate Required |
|---|---|---|---|
| South Africa | 30 days per 36-month cycle | 100% | Day 3 |
| UK | 28 weeks SSP | £116.75/week | Day 7 |
| Australia | 10 days personal/carer’s leave | Full rate | 2+ consecutive days |
| US | Varies by state | Varies | Employer policy |
FAQ
What happens if an employee uses all 30 days before the cycle ends?
If the employee exhausts their 30-day balance within the 36-month period, the employer has no further obligation to pay for additional sick days. The employee may apply for UIF incapacity benefits, or the employer may choose to provide additional paid leave as a company benefit.
Can the employer require a medical certificate for the first 2 days?
No. The BCEA explicitly prohibits employers from requiring a medical certificate for the first 2 consecutive days of sick leave. This is an employee right that cannot be waived by contract or collective agreement.
Does unused sick leave carry over to the next cycle?
No. Unused sick leave does not carry over. If the employee does not use their full 30-day balance within the 36-month cycle, the unused days are lost. The cycle then restarts with a fresh 6-day annual entitlement.
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