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
Code Red to Code Regulated: South Africa’s Data, AI and Cybersecurity Shift in 2025, and What’s to Come in 2026?
by Armand Swart, Director, Hlonelwa Lutuli, Associate and Hanán Jeppie, Candidate Attorney South Africa's data protection, cybersecurity, and artificial intelligence [...]
The Gauteng school placements crisis (2026) – Why children are still waiting and what the law says
By Naledi Motsiri - Director and Nothando Nyoni - Associate As the 2026 school year begins, many parents in Gauteng [...]
The Introduction of a Dedicated Insolvency Court in Pretoria
by Eric Levenstein - Director and Head of Insolvency & Business Rescue and Amy Mackechnie - Senior Associate Following the [...]
Regulatory Snapshot: Financial Services and AML
by Hilah Laskov, Director In this article, we lay out the main regulatory and legal developments in 2025 that [...]
The Need to Plead Properly – Patel vs South African Securitisation Programme (RF) LTD & Others (790/2024) [2025] SASCA 186
by Jennifer Smit, Director On 8 December 2025, the SCA handed down a decision in the above matter which [...]
The union doth protest too much: NUMSA v BMW and the limits of court intervention in disciplinary proceedings
by Bradley Workman-Davies, Director The Labour Court’s judgment in NUMSA on behalf of Members v BMW (SA) (Pty) Ltd [...]
