Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
Divorce, Maintenance, Personal Injury, Medical Negligence
South African employees are often shocked to discover that their 30 days sick leave per three years is over a three year period or that they only qualify in the first six months of employment for one day’s sick leave for every 26 days’ worked. We recently had someone at the firm who took almost a week’s sick leave in the first two weeks she was with us, and was shocked to hear that in law she did not actually have sick leave yet.
Few seem to realise at all that in fact our sick leave is far more generous than in most of the rest of the world. They all have visions of working in glamorous and major cities, but they don’t understand that the work ethic in those cities is entirely different. For example, New York City is going to allow for sick leave only now, and it will be limited to 5 days sick leave a year. In other words, until now, there has been no paid sick leave at all in New York and where employees only have to give a staff member now 5 paid days sick leave per year, they would be astounded at staff members in South Africa getting 30 days sick leave per three years. I am aware of many companies who take the approach that there will certainly be no sick leave before and after public holidays as well as on Fridays and Mondays and it is amazing how many people choose to extend weekends by managing to come up with a whole host of stomach ailments and flu five times a year, on the days before and after weekends and long weekends.
We would all do our bit for taking this country a lot further if people stop taking advantage of employers and abusing sick leave in a country which is already far too generous when it comes to leave, which of course has put off many of the multi-national companies, especially American companies, from operating in South Africa to begin with. One can make any argument one wants to get more paid and sick leave, because one likes it, but businesses don’t and they simply invest their money in other countries rather than South Africa.
Posted by Michael de Broglio on Friday 12-Apr-13
Post a Comment
Comments
Ashleigh said:
on Tuesday 08-Nov-16 08:49 AM
With today's global warming and pollution, people will get sick. Sometimes you will get employees who will take advantage of their sick leave but some won't and it would not be fair to reduce sick paid leave to the employees who don't. You do not know what is in store in future so I think its great that South Africa gives their employees ample leave to ensure that they are covered should anything happen. I also think that considering that the employees especially the hard working ones should not have to stress that they wont be paid for something that was not in their control anyway.
Nicky said:
on Friday 26-Apr-13 07:54 AM
Unfortunately people cannot alawys control when and for how long they get sick-so I think that sick leave is a good policy. Having said that though you'll always find the "milkers" that will milk a situation and take advantage of it.Before taking sick leave, people should also consider the fact that something serious could happen in the future when they'd need all their sick leave at one time.
Shane said:
on Monday 15-Apr-13 04:46 PM
I am sure a lot of employees will disagree with the methodology some companies have with sick leave. The average person gets sick 2 to 3 times a year, with this they are sick 1 – 3 days per period. Doctors always exaggerate the sick leave notes. So why do people complain. South African is the 19th in the top 20 laziest countries in the world. It’s simple in our country we say to everything,: “that will do”, or “I made it this far, that’s good enough”. I am very competitive as Michael should know, and as soon as we come out of this state of trans we will climb the ladder. Just think of it this way, as it was in New York, you are providing a service to your company for remuneration and if your company had to call in sick to its clients do you think they will get paid. Just a thought.
Simone said:
on Monday 15-Apr-13 04:42 PM
The problem with this post is that there are two sides. The employer and the employee. Yes, there are people who will take advantage, but the problem comes in as to when you REALLY do get sick and need that sick leave, especially if you are working in NY you are going to have a problem. There are sicknesses such as cancer which causes a huge problem and if your employer is not an understanding person he will use the law against you. So no, I do NOT agree with New York's sick leave system.
However, if a person abuses their sick leave for simple reasons and then gets REALLY sick and they do not have enough sick leave left then that's their own stupidity. I think before you take sick leave you need to think and decide if it's really worthwhile to stay at home or if you will be able to manage to go in to work.
Lucretia said:
on Monday 15-Apr-13 04:00 PM
It is important to look at who the chancers are and nail them. Yes countries do have unpaid sick leave laws but, this, in my opinion is against your human rights. We get sick, we are humans in a hugely overpopulated society, we are bound to get sick. Companies know who the chancers are and should clamp down on those people instead of allowing those people to dictate the policies to everyone. You know who you are and so does your employer. Hit those people and soon they will stop being the chancers. It is all about give and take and if you act like an adult, you will be treated like an adult. Simple.
Jessica said:
on Monday 15-Apr-13 03:48 PM
I am happy with our country's rules lol, But at the same time people don't want to get sick, it's not a day of fun in your bed with tons of medicine to take and above all that the money you have just spent to go see the doctor and to get your medicine. I want to live in New York people don't get sick ha ha ha ha. But on a serious note being sick sucks in a total and people that have money to waste paying for fake notes if that and fake medicine just to get a day off really need to see it wont benefit them in the long run. Many times I have come to work sick but when my body starts to ache then I will be just as unproductive at work than laying in bed while trying to get better.
Safia said:
on Monday 15-Apr-13 03:26 PM
the goverment will invent all sorts of laws to get votes as long as they dont pay from their own pocket. It will be business owners and tax payers who pay. I find it strange that South Africa has such generous laws for sick leave and leave days +all public holidays but such mean law for maternity leave and maternity benefits. Obviously the goverment thinks we are breeding too much and trying to bring the population down?
Joyce said:
on Monday 15-Apr-13 09:18 AM
I think it's good news for New York City for getting sick leave days, and for sick leave abusing is not a good idea as what's going to happen when one really needs it.
Julie said:
on Monday 15-Apr-13 08:45 AM
You get your "abusers" everywhere, unfortunately. They should strictly be watched and addressed and if you have a good system in place, the stats should give you an immediate count of who abuses "time off". Many don't realize how privileged we are. We are spoilt rotten.
Angelique said:
on Friday 12-Apr-13 05:46 PM
I think Employer's know which employee's take advantage of the system and are constantly sick for every little thing. Staff members also speak about who stays absent the most - we call them the hypochondriacs of the world. It all boils down to your own work ethic. Its easy to feel tired and cold in Winter and rather stay in the minute you sneeze. It's laziness if you ask me. I dont however agree with New York not allowing sick leave. That was shocking.
cherise said:
on Friday 12-Apr-13 04:20 PM
I agree with what alexis has to say 100%... And also is really interesting ti find out how other countries deal with their sick leave. very different from us.
Helen said:
on Friday 12-Apr-13 03:44 PM
I think South African employees are very spoiled by government social policies: let's see how many public holidays we have a year - 11 if I am not mistaken, plus we get 15 days leave a year, 3 responsibility days leave and 30 days over 3 years period. Let's say in the year employee can work less then 11 months. Very good deal for any South African. But unfortunately it is not enough for some people. I remember when I had contract with USA company for 8 months, all my sick days were deducted at the end of the month, I could not even argue the policy of the company!! Most of Europe work on the same principle, you do not work - do not get paid. I can not say the same about Russia and Ukraine - you will be able to be booked off for two weeks, no problem to get doctor's note even for 3 weeks, but when you will be back to work - your working place will be taken by someone else, not even an option to go to CCMA - there is no CCMA.
Thabitha said:
on Friday 12-Apr-13 03:31 PM
I think most of the people they are not aware that you need to work for a certain period to qualify for sick leave, when comes to Fridays and Mondays leave’s sometimes you are really sick but I think as the employer you will know who’s taking too muck leave’s or abusing sick leave.
Corné said:
on Friday 12-Apr-13 03:27 PM
Nobody wants to get sick but it could happen to anyone. Abusing sick leave is simply stupid. What if something serious happens to you and you really need it? That is when you need to rely on the fact that your employer knows you as a good honest worker.
moenisha said:
on Friday 12-Apr-13 02:12 PM
It is a very unfurtunate situation that you do find some people who take advantage of the situation but unfortunately there will be Fridays when I have to go to hospital as i'm an outpatient at Helen Joseph and this is the day I see my doctor
Tans said:
on Friday 12-Apr-13 02:05 PM
I think 5 sick leave days per year is too little. Although the type of work I do, for example, simply does not afford you the opportunity to stay home, not even 1 day. There are the odd occasions that if and when you are really sick, lets say with pneumonia, you would be admitted in hospital for at least a week. What will happen if for example you get a tummy bug later that year? I personally think that this boils down to self discipline. If you are a hard worker and proud of your work, you would most definitely treasure every single opportunity you have, to attend work. Such a person will realise that if you are not at work for 1 day, there would be a backlog the next day, and then you will just have to work even harder. Cannot imagine why people would use 30 sick leave days unless they were involved in a tragic accident or sustained any other trauma related injuries.
Juliet said:
on Friday 12-Apr-13 01:52 PM
I can't remember the last time I took a day off for being sick. I think it was when I had my wisdom teeth out 3 years ago.....
Liesl said:
on Friday 12-Apr-13 01:28 PM
I hardly if ever take sick leave. But should it suddenly become necessary e.g three years ago I needed an operation on my left leg and was booked off for 3 weeks. Gratefully I had sufficient sick leave.
Benita said:
on Friday 12-Apr-13 01:27 PM
Sometimes one can not help if you do fall Ill however, but a whole week when you just started is not a good thing. I would then much rather take off only the Friday and have the whole weekend to recover. So sick leave on a Friday is not necessarily a bad thing as some people do actually fall ill and force themselves to come in and then simply feel to bad to come in the next day. One day is far better than a whole week.
Tanya - The T said:
on Friday 12-Apr-13 01:27 PM
Abuse is a 2 way street. If employers want to stop being abused, they must remember that spending a little time with your employees will bring to your attention which employee is really sick when they phone and which 1 is holding a tequila sunrise and giggling at your expense. If you are not prepared to invest in your employees, then don't be surprised when they turn on you every opportunity they get, regardless of the benefit being abused.
Anna said:
on Friday 12-Apr-13 01:25 PM
I'm certain that employees would think twice about taking excessive sick leave if they realised their bonus was dependant on 100% attendance at the work place. Take vitamins, eat properly, exercise and look after yourself generally and there is less chance of becoming ill.
Yolandi P said:
on Friday 12-Apr-13 01:24 PM
Its shcocking to know that developed, human rights centred countries like the US do not have sick leave or isonly bringing it in now. I agree people do tend to take advantage of it by extending their weekends but this creates a difficult situation for those who are truly sick on a Friday or Monday. They are then seen as liars and/or chancers who do not care about the wellfare of the company they work at.
Alexis said:
on Friday 12-Apr-13 08:24 AM
It is the law and if you thought that you would get paid for those days you are hughly mistaken - and really - what are you thinking when you just start a job and take off for two weeks after that you would get paid for that - it would be common sense to realise that you kind of have to build a reputation at the work you are in and earn those days or leave and sick leave
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!