s.17Sick leave
17
Section 17Part 3 — LEAVE

Sick leave

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

An employee is entitled to sick leave on workdays, or parts thereof, during which he is ill or physically incapable of work.
Sick leave shall be taken only in connection with actual illness or other physical incapacity for work
and for the first two days, the employee does not need to produce a physician's certificate;
but for a third and subsequent consecutive day, a physician's certificate shall be produced,
and for the avoidance of doubt it is declared that when a physician's certificate is produced under paragraph (b) it shall cover the first two days as well.
Except in the circumstances specified in subsection (4), a physician's certificate evidencing an employee's illness or physical incapacitation shall be accepted by an employer as satisfactory evidence of that illness or incapacitation for the purpose of entitlement to sick leave pay unless the employer can prove otherwise.
An employer is not obliged to accept a physician's certificate where he has reasonable grounds to suspect that the certificate was procured in furtherance of a course of absenteeism.
Where an employer has reasonable grounds to believe that the request for sick leave is part of a course of absenteeism, an employer may require an employee to furnish him with a physician's certificate even where the sick leave requested is shorter than two days.
Where an employee takes sick leave in excess of the maximum leave allowed and the employer is of the view (supported by two medical practitioners who certify that the employee is likely in future to need more than his normal entitlement to sick leave) that the employee is thereby unfit to continue in employment, the employer may terminate the services of the employee.
An employee who is ill or physically incapacitated such that he is unable to work shall notify his employer of that fact as soon as it is reasonably practicable or, where he is incapable of personally informing the employer, procure someone else to so inform the employer.

Referenced By