Sakhumzi* went for circumcision over the weekend, and was booked off from work for three days to heal. He brought a doctor’s note in with him when he returned to work, but his boss told him he would not pay him for those three days because it “wasn’t his problem” that Sakhumzi wasn't circumcised as a boy. Sakhumzi is upset – surely his boss can’t just refuse to pay him if he has a sick note? Scorpion Legal Protection’s labour specialists discuss the case.
Scorpion Legal Protection’s advice
The Basic Conditions of Employment Act (BCEA) protects the employee’s right to paid sick leave. An employee who works 5 days per week is entitled to 30 days every 36 months. An employee who works 6 days per week is entitled to 36 days sick leave every 36 months. Where an employee works Monday to Friday, plus every second Saturday, the employee is entitled to 33 (30 + 3 Saturdays) days sick leave.
Sakhumzi’s boss might be a bit rude in how he treated Sakhumzi, but he is actually not in the wrong. Getting circumcised is not regarded as a medical condition – it is regarded as a cosmetic procedure because it is self-imposed (your choice). Furthermore, Sakhumzi did not do it for medical purposes. So Sakhumzi’s employer is entitled to not pay him for the missed three days. Sakhumzi had the option to take annual leave instead of sick leave.
Tips on other circumstances where an employer can refuse to pay an employee:
- If you are absent for more than two consecutive days without a medical certificate, your employer does not have to pay you. This means that you need to bring a medical certificate on the third day in order to get paid for the three days you were off
- Only an employee who is too sick to work can take paid sick leave. If your employer is in a position to prove that you were not sick, disciplinary steps can be taken against you. This does not mean your employer can just not pay you – if you still have annual leave, these days can be taken from your annual leave instead of sick leave
- During the first six months of employment, an employee (this also applies to fixed-term contracts of 6 months or less) is only entitled to one day’s paid sick leave for every 26 days worked. If you need extra sick leave, you must take it as unpaid leave
If you have a query, follow us on our Facebook page and ask your question during our next Live Q&A (every first Thursday of the month).
* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.