SICK LEAVE – LOCK DOWN AND THEREAFTER

MISA received a number of enquiries in regard to sick leave whilst moving through the various levels of lockdown.  After all, if you would have been at work at any given time during lockdown, you would have been entitled to sick leave, provided that you did not exhausted your sick leave.

What changed?  The short answer is that legislation did certainly not change.

Sick leave entitlement

Should you have been at work, you would definitely qualify for sick leave. And those are the key words “at work”.  The Basic Conditions of Employment Act 75 of 1997 (BCEA) provides in section 22(5) “…an employer must pay an employee for a day’s sick leave…the wage the employee would ordinarily have received for work on that day…”  When you fall ill on a day that you are not expected to work, you would not have received a day’s wages.  On any normal working day that you are required to work subject to having sick leave available, you may utilise your sick leave and you should be paid, subject to the provisions of the BCEA, section 22-23, or the Sick Accident and Maternity Benefit Fund Rules, whichever is applicable.

Illness Benefit under the UIF process

Should you however self-quarantine for 14 (fourteen) days, you will qualify for the illness benefit which can be claimed from the Unemployment Insurance Fund (“UIF”).  The following documentation is needed when you submit a claim through UIF in this regard:

• A confirmation letter from both the employer and the employee must be submitted, which will stand in place of a medical certificate, as the employee would have self-quarantined without prior consultation with a medical certificate.
• Should an employee be quarantined for more than 14 days, a medical certificate from a medical practitioner must be submitted, together with the relevant UIF application.
• An employee must complete the following documents: UI2.2 form, UI2.8 Confirmation of banking details and Employee’s identity document.
• The employer must assist the employee completing the following documents: UI 19 form, UI2.7 form and a confirmation letter from the employer to prove that both parties have agreed to the 14 days “special leave”.
• https://www.ufiling.co.za/uif/how-to-apply
• Should the quarantine exceed 14 days, a medical certificate from a medical practitioner must be submitted with the Continuation form UI.3.

Occupational Health and Safety

The Compensation Commissioner has issued the Notice on Compensation for Occupationally-Acquired Novel Corona Virus Disease (COVID 19), specifically in terms of the Compensation Fund’s position when it comes to occupationally-acquired COVID 19 disease (OACD).

You will not qualify for this benefit by default, but will have to show that you have been infected due to occupational exposure whilst on duty.  This entails that you must be able to show that the development of the symptoms began after work exposure and the diagnosis of COVID 19 must be in line with the World Health Organisation (WHO).

Knowledge is Power

Empower yourself by knowing what your benefits are and protect yourself!

How to contact MISA during the lockdown?

Kindly utilise the following e-mail addresses and links for assistance during this time:
 

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