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
Employment in South Africa – a relationship built on trust
The employment relationship between an employer and its employees is heavily regulated in South African law and there are [...]
Testing the reliability of breathalyser tests
and Nombulelo Bashe, Candidate Attorney Whilst employers regularly rely on the convenience and accessibility of a breathalyser test to determine [...]
Salary made up of commission: What rules apply?
Although South African labour law has a lot to say about minimum terms and conditions of employment, and pieces [...]
Sustainable housing: Navigating the legal landscape for a green and resilient future
One of the first principles recognised in the Paris Agreement[1] is the importance of "sustainable lifestyles and sustainable patterns [...]
Ruling in favour of the Digital Age: Local and foreign courts give a to electronic agreements and signatures
and Karabo Kekana, Candidate Attorney Recently a Canadian court decided that a emoji constituted an electronic signature and resulted in [...]
ESG in Private Equity Funds: Insights from the Super Return Conference 2023
The integration of environmental, social, and governance (ESG) factors has become a crucial consideration for investors across various asset [...]