How many days are Learners entitled to for illness or injury?
Learners are Registered Employees
Clauses 21, 22 and 23 of Sectoral Determination 5 : Learnerships
As employees, learners are entitled to paid sick leave and compensation if injured on duty.
- A learner is entitled to one day’s paid sick leave for every 26 days, in which the learner works or receives training during a learnership.
- An employer must pay a learner for a day’s sick leave-
- the allowance the learner would ordinarily have received for work on that day; and
- on the learner’s usual pay day.
- An agreement may reduce the pay to which a learner is entitled in respect of any day’s absence in terms of this clause if-
- the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay; and
- the learner’s entitlement to pay-
- for any day’s sick leave is at least 75 per cent of the allowance payable to the learner for the ordinary hours the learner would have worked on that day; and
- for sick leave over the sick leave cycle is at least equivalent to the learner’s entitlement in terms of subclause 2
PROOF OF INCAPACITY (inability / unable to work)
- An employer is not required to pay a learner in terms of clause 21 if the learner has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the learner was unable to work for the duration of the learner’s absence on account of sickness or injury.
- The medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.
- If it is not reasonably practicable for a learner who lives on the employer’s premises to obtain a medical certificate, the employer may not withhold payment in terms of subclause (1) unless the employer provides reasonable assistance to the learner to obtain the certificate.
APPLICATION TO OCCUPATIONAL ACCIDENTS OR DISEASES
- Clauses 21 and 22 do not apply to an inability to work caused by an accident or occupational disease as defined in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993), or the Occupational Diseases in Mines and Works Act, 1973 (Act 78 of 1973), except in respect of any period during which no compensation is payable in terms of those Acts.