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
UPDATE: COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) guideline and commencement of June applications
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney The Department of Employment and [...]
Labour and employment: rebuilding and restructuring post lockdown
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Michiel Heyns, Senior Associate; and Thabisa Yantolo, Candidate Attorney Introduction [...]
The date is 1 July 2020…..The day has dawned!
by Ahmore Burger-Smidt , Director, Head of the Data Privacy Practice Group "On privacy issues, it's just like hundreds of [...]
Urgent update: permitted personal care services
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 19 June 2020 [...]
Virtual AGMs in the wake of COVID-19
by Saarah Coenraad, Candidate Attorneyreviewed by Taryn Potter. Director and Michaela Tyfield, Senior Associate The "COVID‑19" pandemic and the declaration [...]
Update on the Department of Mineral Resources and Energy Regulation & Directions for the Mining and Energy Sector
COVID-19, Electricity Regulations, REIPPPP, GAS Regulations and the Nuclear New Build Programme By Chris Stevens, Director and Head of the [...]
