Posted by: Concerned | 2009-09-17

Sick leave / probation

A family member starteda a job in Jan. + was put on 6mths probation. The Co. was happy with her work but during that time health probs. cropped up. Having had yuppie flu years ago her immune system has been compromised + every now + again she gets sick. As a result her probation period was extended for another 6 mths. Recently she was off work sick again with flu. Everytime she produces a doctor' s certificate but after the last time she was called into a meeting / hearing. She has now been told that until the end of Nov. she may not be off sick anymore if she wants to keep her job. She' s also on medication for work related stress. Have the Co. the right to extend her probation because of her health? Also  have they the right to dismiss her if she is off sick again? What are an employees rights in such a situation?

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Our expert says:
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Sick leave is an employee's right in terms of the Basic Conditions of Employment Act and no one can rule against it. The company only has a right to extend probation if it is done by agreement. A company cannot just dismiss because you are sick, but they can investigate the reasons for the illness and to see whether it is affecting the production and also to see if it is ongoing. They must follow the procedures as laid down in the schedule to the Labour Relations Act.

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Our users say:
Posted by: Mohamed | 2009-11-25


If i take sick leave after i have resigned i.e. I am working my notice period do i have to use my annual leave? I have been told by my manager that i need to use my annual leave for the days i took as sick leave while in my notice period? Is this correct? I have a legitimate Doctor' s letter for my sickness.

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