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
Important notice for Kenya imports
Intellectual Property rights ("IPR") owners who import goods into Kenya Mandatory recordation of Intellectual Property Rights as of 1 July [...]
Business Rescue plan South Africa
Business Rescue Plan 1. What is a business rescue plan? A business rescue plan is a plan developed and, if [...]
FSCA’s draft transformation strategy – A step in the right direction?
FSCA: Draft Transformation Strategy On 28 February 2022, the Financial Sector Conduct Authority ("FSCA") published a draft financial sector transformation [...]
FAQ | Opportunities for investors arising from the South African business rescue process
The South African business rescue process has created the opportunity for investors (local and foreign) to position themselves in order [...]
National Health Act update
National Health Act 61 of 2003 The Minister of Health ("the Minister") published, for public comment various regulations in terms [...]
The management of COVID-19 in the workplace
COVID-19 in the workplace On 4 April 2022, the Minister of Cooperative Governance and Traditional Affairs ("the Minister") terminated the [...]
