In Basic conditions of Employment Act, Private by Pieter12 Comments



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  1. Can a employer deduct sick leave while a employee is suspended,with a valid medical certificate submited.

    1. Reply to Gavin: Assuming the suspension is pending a disciplinary hearing, it should be on full pay. Whether the employee is sick or not during that period should not affect the obligation to pay. If the employe fails to pitch for a hearing, the employer is obliged to pay if the employee is absent due to genuine illness.

  2. I have been ordered to attend court on several dates as part of a custody battle. Do I qualify for special leave or is it part of annual leave.

    1. Reply to Leandra: You would have to apply for either annual leave or unpaid leave

  3. employee on maternity leave is it a must for her to attend disciplinary hearing

    1. Reply to Doddy: As a rule an employee would not required to attend a disciplinary hearing during her maternity leave. There may be exceptions, though.

  4. I need to know if family responsibility leave covers my daughter if she is still in school and 18 years old?

    1. Reply to Carol: The BCEA merely refers to “child” in this context and does not state the age. Common sense dictates that the child must be still be dependent on your care when she is sick. If you can demonstrate this need, then should be able to claim family responsibility leave.

  5. hi i want to know if you employed for longer than 5yrs at a company do you get 15 days or 21 days annual leave.

    1. Reply to Sharleen: The minimum annual in terms of the BCEA is 21 consecutive days per year (15 working days for a 5 day week worker). This does not increase along with years of service, except where the business falls under a bargaining council where an agreement for increased leave has been negotiated.

  6. When I come to work sick but then ask to go home at 10 or 11 o’clock, must I put in sick leave for this particular day, even if I came to work for a couple of hours?

    1. Reply to Annelize: If you don’t work for a few hours due to illness the employer can treat that time as ‘no work, no pay”. Asking you to put in a day’s sick leave is a simple way of dealing with it – you get paid and one day is deducted from your sick leave. Although the BCEA only refers to ‘days’ of sick leave a good solution might be to deal with it as hours (rather than days) of sick leave.

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