What the law states on sick leave at work places

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Over the years the issue of sick leaves at the work place has been a pricking thorn between employees and employers occasioning legislative amendments to address the needs of both parties.

Currently, every employer is entitlement to a sick leave which according to the law is seven days on full pay and seven days on half pay.

Most employers have been generous to their employees when they fall sick, offering them full benefits running into months or even years.

According to the constitution, workers are entitled to full or partial compensation when they fall sick based on the terms of their contracts, and as per the circumstances in which they qualify for such remuneration.

To qualify for pay during sickness, employees are required to prove their incapacity by presenting a certificate signed by a qualified medical practitioner or a person acting on the practitioner’s behalf.

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Section 34(1) of the Employment Act, 2007 places an obligation on an employer to ‘ensure the provision of sufficient and of proper medicine for his employees during illness and if possible, medical attendance during serious illness’

However, the Employment Act (Amendment) Bill, 2015 could be a win for employees if it is enacted into law.

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The Employment Act (Amendment) Bill, 2015 proposes that workers earn only one month’s full pay when they fall ill for more than 30 days.

The bill proposes that those who are hospitalized beyond a month be entitled to half pay for the subsequent 11 months after which employers would be free to terminate their services.


Elves Delz
Author: Elves Delz


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