A client (thanks Christina) recently asked me whether an employee falling ill or being injured during annual leave can “swap out” the annual leave with sick leave. The obvious outcome would be the sick leave decreased and the annual leave extended.
The answer is NO! (At least in South Africa).
Section 20(9) of the Basic Conditions of Employment Act states that an employer may not require or permit an employee to work for the employer during any period of annual leave.
Section 23(1) of the same Act deals with medical certificates; where such certificate must state the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.
It follows that if on annual leave you cannot work and, therefore, it is irrelevant whether you are or are not able to work. There is no financial disadvantage to the employee because he or she is still being paid for the annual leave in terms of section 21(1) of Act.
You might also find the following articles to be of interest:
Sick Leave Guidance
Sick Leave – The Eight Week Rule
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