What redress does a consumer have and what is the process to be undertaken by the Competition and Consumer Authority when a complaint is lodged?
23/10/2024
Tenant Rights and Landlord Obligations
25/10/2024
Legal Update
Sick Leave and Extended Leave
Every employee is entitled to receive sick leave pay for days they are absent from duty because of ill health, provided they furnish the employer with a certificate from a medical officer. This is provided for in terms of Section 100 of the Employment Act (Cap 47:01) (the Act).
The Act requires the following to be satisfied:
The employee must first undergo a medical examination.
The medical examination must be carried out by a medical officer who is nominated by either the employer or employee. Should the medical officer be nominated by the employer, the medical examination is to be carried out at the expense of the employer.
The employee shall be entitled to sick leave as recommended by the medical officer.
The employee shall be entitled to be paid his basic salary for at least 20 days during such sick leave and that should be done in any one year of continuous employment.
Section 100 (4) of the Act sets out the sanction for when an employer is found guilty of violating the provisions for the grant of sick leave. These are either a fine not exceeding P1, 000.00 or to a term of imprisonment not exceeding 6 months, or both.
The following points are important to remember when it comes to sick leave:
The clauses relating to leave with pay and sick leave provided in a contract employment must be in accordance with the provisions of the Act. Where the terms and conditions of acontract of employment are at variance with the provisions of the Act, the Act takes precedence.
Sick leave does not accrue on a month-to-month basis, as with annual leave, and an employee is enti
tled to use his or her entire statutory sick leave period
within the very first month of any 12-month period, if
necessary.
EXTENDED LEAVE
When an employee utilizes all his paid sick leave days and is still unfit for work, he can take unpaid sick leave in the form of extended sick leave.
Therefore, as the employer is under no obligation to pay the employee for sick leave beyond the 20 days prescribed in the Act, it shall be employer’s discretion to grant to employee paid extended sick leave.
