Legal updates and opinions
News / News
Sick leave and annual leave during the lock-down
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney
Having regard to the above, a number of measures have been introduced, or are in the process of being introduced, to provide financial relief to employees and employers. The question remains, what is the position regarding annual leave and sick leave during the annual shutdown for employees who cannot work and are not infected (or suspected of being infected)?
Employees who are sick during the shutdown period will be entitled to sick leave in the ordinary course. Employees who exhaust their sick leave will be on unpaid leave. Of its own volition an employer may elect to provide ‘special leave’. This can be on full pay, or reduced pay.
An employer may compel an employee, during the shutdown period, to take annual leave. In instances where an employee is capable of working from home the employee cannot be compelled to take annual leave and work. Where annual leave is exhausted employees will be on unpaid leave. Of its own volition an employer may elect to provide ‘special leave’. This can be on full pay, or reduced pay.
Latest News
South Africa: Merger Notification Thresholds and Filing Fees Increase from 1 May 2026
by Ahmore Burger-Smidt, Director and Head of Regulatory and Raisah O Mahomed, Associate South Africa's Minister of Trade, Industry and [...]
“Corporate Death by Winding-Up”: Pretoria High Court Reaffirms the Badenhorst Principle
by Eric Levenstein, Director and Head Insolvency & Business Rescue, Amy Mackechnie, Senior Associate and Clio Patricios, Candidate Attorney A [...]
South Africa’s Information Regulator: What the 2025/26 Annual Performance Plan means for Business (as presented to the Portfolio Committee on 5 May 2026
by Ahmore Burger-Smidt, Director and Head of Regulatory “It is only the inner sanctum of a person, such as his/her [...]
Urgency misconceived: A cautionary note on process, principle and professional responsibility
by Bradley Workman-Davies, Director The decision in Wheatley v Commission for Conciliation, Mediation & Arbitration & others (2026) 47 ILJ [...]
Digital taxes are reshaping cross-border e-commerce economics in Africa
by Tebogo Sibidla, Director Digital taxation has moved from policy debate to regulatory reality. Governments across the world are implementing [...]
A safe voice or silent risk: An attempt at reforming whistleblower protection through the Protected Disclosures Draft Bill
by Harold Jacobs, Director, Luyanda Lebepe, Senior Associate and Kian Steytler, Candidate Attorney The case of Babita Deokaran, a senior [...]
