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
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 [...]
Recent Competition Tribunal Case clarifies approach to ownership conditions in South African merger approvals
by Pieter Steyn, Director In a recent case, the Competition Tribunal clarified its approach regarding the imposition of conditions for [...]
Proposed New Capital Flow Management Regulations fail to live up to expectations
by Kyle Fyfe, Director On 17 April 2026, National Treasury and the South African Reserve Bank published the long awaited [...]
Understanding the 1 May 2026 BCEA Earnings Threshold Adjustment: Implications for employers and employees
by Banky Sono, Director, Dakalo Singo, Head of Pro Bono, Neo Sewela, Director and Sandile Mogweng, Candidate Attorney The Minister [...]
The Banks Win on Appeal: SCA Overturns R704 Million High Court Judgment
by Tshegofatso Matlou, Associate, reviewed by Jones Antunes, Director In the decision of African Banking Corporation of Zambia Limited and [...]
