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Thread: Sick leave

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    Question Sick leave

    An employee has been with the company for 5.5 years and has resigned and is in a negative sick leave balance (more than the 30 days allowed per 3 year cycle). Can the negative sick leave amount be deducted from their final payout?

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    Gold Member IMHO's Avatar
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    Nope, I do not think so. Maybe technically, but I am sure the CCMA will frown upon it and if there is other issues at hand, this will just negatively influence it. I will wait for the authoritative answer.
    ~Expenses will eat you alive! - My first Boss~

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    Thanks IMHO - what other issues refer?

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    Gold Member IMHO's Avatar
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    No, I am not saying there is other issues.
    ~Expenses will eat you alive! - My first Boss~

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    Moderator IanF's Avatar
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    I would look at the amount involved and then decide is it worth going to the CCMA about. The standard procedure for employees seems to be go to the CCMA when you leave a company. If there are other issues then deduct it so you can concede that at the CCMA so they feel they won something. Speaking to other companies they often get advised after firing someone to concede to the 2 months salary at the hearing as the cost of fighting it is not worth the saving you make.
    This is not the correct solution but rather a dogmatic one.
    Only stress when you can change the outcome!

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    Platinum Member Mike C's Avatar
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    How many days are we talking about here?
    An education isn't how much you have committed to memory, or even how much you know. It's being able to differentiate between what you do know and what you don't. - Anatole France

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    Quote Originally Posted by Mike C View Post
    How many days are we talking about here?
    Total of 24 days

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    Gold Member IMHO's Avatar
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    I think deducting this is looking for trouble and the employee will probably take it to the CCMA.

    Arguments to be used:
    An employer can not give a benefit and then take it away.
    Was there any conditions put on paper regarding the allowance of the extra sick leave?
    How would the next sick leave cycle been affected?
    Was this just allowed in kindness or borrowed from the next cycle?
    Has the next cycle started yet?

    24 Days is nearly a months salary and worth it for the employee to take to CCMA. The employee might for the same trouble now dig up other issues that is not even known at the moment, just to try his/her luck. Is all your paperwork in place to the letter of the law? Contracts, timesheets correctly filled in, UIF, WCF, record of leave and sick leave, PAYE deductions, anything else that could come into play.
    ~Expenses will eat you alive! - My first Boss~

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    Unhappy NO WIN NO FEE SOLICITOR NEEDED

    Quote Originally Posted by IMHO View Post
    I think deducting this is looking for trouble and the employee will probably take it to the CCMA.
    I find this very interesting as I have had a lot of sick leave, covered with GP certificates and confirmation of hospital admittance!

    I found a way to recover the 1000 they wipped of my wages but that is another story!!!! Most organisations have a contract stating the sick leave allowance, but I am sure if you are covered by a certificate there must be a legal way to make them pay you.

    Also most organisations procedures normally read at the "Managers" discretion.... and many managers dont use their discrestion or brain. Unless you are being bullied harrassed etc etc there is most of the time a geniune good reason you are off work! I find the CCMA pretty useless it is as if they are covering for the organisations, the rules are there to protect them. I would find a no win no fee solicitor and have a consultation, you have nothing to lose but loads to gain. In todays climate you have to fight fire with fire" CARTER AND CARTER in Stockport are very good have a look at the website and approach them. They are a geniune NO WIN NO FEE!!!!!!!!!

    Good luck!.....


    Arguments to be used:
    An employer can not give a benefit and then take it away.
    Was there any conditions put on paper regarding the allowance of the extra sick leave?
    How would the next sick leave cycle been affected?
    Was this just allowed in kindness or borrowed from the next cycle?
    Has the next cycle started yet?

    24 Days is nearly a months salary and worth it for the employee to take to CCMA. The employee might for the same trouble now dig up other issues that is not even known at the moment, just to try his/her luck. Is all your paperwork in place to the letter of the law? Contracts, timesheets correctly filled in, UIF, WCF, record of leave and sick leave, PAYE deductions, anything else that could come into play.

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    Platinum Member Mike C's Avatar
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    Total of 24 days
    Ok so I am going to make a few presumptions.

    First presumption was that the sick-leave taken was not as a result of being injured on duty.

    Second presumption is that you extended the sick leave to the person out of the kindness of your heart, expecting them to continue working for you.

    Third presumption is that the person is not giving up work as a result of illness (being bordered by the doctor)

    Fourth presumption is that the person resigned and was not terminated.

    If the above is true, then it means that your relationship with the person is such that you can have a heart-to-heart discussion pointing out that he/she should have taken unpaid leave when their sick leave had run out. As a result of their resignation, you now find yourself in the position where you will have to deduct those days from their payout as the time taken off work should, technically, have been non-paid leave. If they were to agree to it, then have them sign a document to that effect. Even if they go to the CCMA at a later date, you at least have the argument that it was discussed and agreed upon. You might still lose, but at least you did not just arbitrarily take the money off.
    An education isn't how much you have committed to memory, or even how much you know. It's being able to differentiate between what you do know and what you don't. - Anatole France

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