The Sick Leave Entitlement Explained
Under the Basic Conditions of Employment Act, domestic workers are entitled to paid sick leave equal to the number of days they would normally work over a 6-week period, within every 36-month cycle. For a domestic worker employed five days a week, this means 30 days of paid sick leave over three years. For a six-day worker, it means 36 days. This is not 6 days per year — it is 6 weeks' worth of working days over three years. The full entitlement is available from the start of the 36-month cycle, not accrued gradually.
Sick Leave During the First Six Months
During the first six months of employment, sick leave is limited to one day for every 26 days worked. Once the worker has completed six months of continuous employment, the full 36-month sick leave cycle begins.
When Can You Request a Medical Certificate?
You are entitled to request a medical certificate if the worker is absent for more than two consecutive days, or if they are absent on a day immediately before or after a public holiday or annual leave. You cannot demand a medical certificate for every single sick day regardless of duration — this is unreasonable and potentially an unfair labour practice.
When Sick Leave Is Exhausted
Once the six weeks of sick leave within a 36-month cycle are exhausted, absence due to illness is not automatically paid. A new cycle does not begin until the end of the previous 36-month period. The employer may address ongoing incapacity through a fair incapacity process, but this must be handled carefully.
Track Leave Properly
Leave management — including sick leave tracking — is one of the most common areas where domestic employers fall into disputes. MyHelper's payroll platform includes automatic leave balance tracking aligned with BCEA and SD7. Manage leave correctly from R249 per month. Start at myhelpersubmit.co.za.
Need help with compliance?
MyHelper makes UIF, COID, payslips and labour law compliance simple — from R249/month.