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
Probono@Werks
WILLS WEEK - 2018 ProBono.Org hosted a Wills Week from 23 to 27 July 2018. Lawyers from various firms in [...]
South Africa: trade marks as valuable assets to raise funding
By Janine Hollesen and Donvay Wegierski, Directors The registration of trade marks has numerous advantages one of which is that [...]
Labour bills sent for assent
By Jacques Van Wyk, Director and Yusha Davidson, Candidate Attorney The National Minimum Wage Bill, the Basic Conditions of Employment [...]
Can you dismiss an employee for making racist comments in the workplace, which the employee believes to be friendly and inoffensive according to the employee’s culture?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is the dismissal of an employee, who compares a [...]
Non-standard forms of work and the gig economy
By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney South African labour law creates extensive rights and protections for employees, [...]
Can you dismiss an employee who refuses to adhere to the alternative plan implemented to avoid mass retrenchment?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is it fair to dismiss an employee for refusing [...]
