LEAVE

[Sandz]

If I employ someone (on a 6 month contract) for 13 hours a week - how much sick leave are they entitle to?
I cannot find anything that is hourly based in teh Labour regulations

[Dave A]

I think it is 1 day for every x days worked. Trying to remember what the value of x is - hopefully someone else will step up with that one.

I don't know how you arrive at 13 hours a week, but say that was accumulated over two 6.5 hour shifts a week, that would be two days towards the tally.
4 shifts would = 4 days.

If you think about it, it's fair because if they're off one day they've missed the equivalent number of shift hours in that day to the base you're using to measure attendance anyway.

Or maybe I'm complicating things. If you simply applied the same x ratio in hours instead of days, you end up with much the same result.

[nkawit]

My labour attorney works it back to normal hours in a day worked .... if one of my staff works 4 hours in one day, it counts towards half a day which counts towards sick leave. This is now detailed in their contracts. Someone that works 4hrs a day gets half the sick days compared to someone that works 8hrs a day.

I know nothing about labour, but thats how I understand the contracts we had drawn up.

[Dave A]

That still comes back to much the same thing. If they're only working half days, when they're absent they're only absent for a half day too.

[nkawit]

yep

[Missnancyalex]

How many personals leave are allowed if someone work for 8hrs 5days of a week in South Africa! Please let me know so I could try to find some mathematical formula that can help you.

[IMHO]

BASIC CONDITIONS OF EMPLOYMENT BILL (B98-97)

(3) Despite subsection (2), during the first six months of employment, an employee is
entitled to one day’s paid sick leave for every 26 days worked.

(5) Subject to section 23, an employer must pay an employee for a day’s sick leave—
(a) the wage the employee would ordinarily have received for work on that day;
and
(b) on the employee’s usual pay day.

Proof of incapacity
23.

So, your contract of six months fall within this, but what if the contract was longer, but not 3 years(36 months)? Seems like if the employee work for longer than 6 months, he is entitled to the full six weeks in 36 months, as if he worked for 36 months?

I could not find any special rules for casuals and day workers. Is there any?

[nkawit]

This applies UNTIL you hit a certain salary threshold ... after that its in the contract and BCE doesn't apply?

[IMHO]

CHAPTER TWO
Regulation of working time
Application of this Chapter
6. (1) This Chapter, except section 7, does not apply to—
(a) senior managerial employees;
(b) employees engaged as sales staff who travel to the premises of customers and
who regulate their own hours of work;
(c) employees who work less than 24 hours a month for an employer.

CHAPTER THREE
Leave
Application of this Chapter
19. (1) This Chapter does not apply to an employee who works less than 24 hours a
month for an employer.
(2) Unless an agreement provides otherwise, this Chapter does not apply to leave
granted to an employee in excess of the employee’s entitlement under this Chapter.

Thus, leave rules does apply to senior management.

[IMHO]

If I employ someone (on a 6 month contract) for 13 hours a week - how much sick leave are they entitle to?
I cannot find anything that is hourly based in the Labour regulations

Yes, there is nothing hourly based, because it looks at what the normal daily 'shift' is in hours. Therefore, if the employee work 4 hours a day normally, that 4 hours is deemed as one day. One day in 26 days, is therefore 4 hours in 26 days. Six months is 182 days. Therefore, the employee is entitled to 7 days, or 7 x 4 hours, namely 28 hours paid leave. So your 13 hours a week need to be looked at in terms of hours per day.

For interest sake, let us look at 2 hours per day. That means the employee is intitled to 2 hours in 26 days and therefore 7 x 2 hours, 14 hours in six months paid leave.

Please tell me if I am wrong!