| 8.1 | Subject to the provisions of subclause (2), an employer shall grant to his/her employee, other than a part-time or locum tenens who works less than 24 (twenty-four) hours per month for an employer, who is absent from work for incapacity, not less than 30 (thirty) days sick leave in total during each cycle of 36 (thirty-six) consecutive months of employment with such employer, and shall pay such employee in respect of any period of absence in terms of this sub-clause not less than the salary he/she would have received had he/she worked during such period: Provided that in the first 12 (twelve) consecutive months of employment an employee shall not be entitled to sick leave on full pay at a rate of more than 1 (one) working day in respect of each completed month of employment. |
| 8.2 | An employer may, as a condition precedent to the payments by him/her of any amount claimed in terms of this clause by an employee in respect of any absence from work— |
| (a) | for a period governing more than 2 (two) consecutive workdays; or |
| (b) | on the workday immediately preceding a Saturday or public holiday, or the workday immediately succeeding the Sunday or a public holiday, |
require the employee to produce a certificate signed by a registered medical practitioner stating the nature and duration of the employee's incapacity: Provided that when an employee has during any period of not more than 8 (eight) weeks been absent on 2 (two) or more occasions without producing such a certificate his/her employer may during the period of 8 (eight) weeks immediately succeeding the last such occasion, require him/she to produce such a certificate in respect of any further absence.
| 8.3 | For the purpose of this clause the expression— |
| (a) | ''employment" shall be deemed to include any period during which an employee is absent— |
| (1) | on leave in terms of clause 7, 9 and 10; |
| (2) | on the instructions or at the request of his/her employer; |
| (3) | on sick leave in terms of subclause (1), amounting in total, in any year, to not more than 10 (ten) weeks. |
| (b) | "incapacity" means inability to work owing to any sickness or injury other than sickness or injury caused by an employee's own misconduct: Provided that any such inability to work, caused by an accident or occupational disease as defined in the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993, shall only be regarded as incapacity during any period in respect of which no disablement payment is payable in terms of this Act. |
