30 sick days every 3 years: when your boss can ask for a sick note
South Africa's labour law gives most full-time workers 30 paid sick days per three-year cycle. Your employer can only demand a medical certificate after more than two days off in a row, or more than two sick absences in eight weeks.
Most full-time workers in South Africa get 30 days of paid sick leave every three years, and your employer can only insist on a sick note in two situations: you were off for more than two days in a row, or you were off sick on more than two occasions within eight weeks. Those rules come from sections 22 and 23 of the Basic Conditions of Employment Act (BCEA).
How much paid sick leave do you get?
The BCEA works in 36-month sick leave cycles. You get paid sick leave equal to the days you'd normally work in six weeks (BCEA, Global Business).
| Your work week | Paid sick days per 3-year cycle |
|---|---|
| 5 days a week | 30 days |
| 6 days a week | 36 days |
| First 6 months in a new job | 1 day for every 26 days worked |
Sources: BCEA, Global Business. These are legal minimums, so your contract can give you more but not less.
When can your boss demand a sick note?
Under section 23, your employer may refuse to pay sick leave without a medical certificate if you were absent (Global Business):
- for more than two consecutive days, or
- on more than two occasions in an eight-week period.
The certificate has to be issued and signed by a registered healthcare practitioner who is allowed to diagnose and treat patients (Global Business).
Do you need a note for being off on a Monday or Friday?
Not automatically. There's no rule in the BCEA that a single sick day next to a weekend needs a certificate. Employment law firm Global Business calls that a common misconception (Global Business). Your contract or company policy may still set out how you must report an absence, so check it.
Can you be disciplined for a pattern of sick days?
Employers do watch for patterns, such as absences around weekends or public holidays. But a pattern on its own isn't proof of dishonesty, and employers are expected to investigate fairly rather than assume misconduct, since workers may have recurring medical conditions (Global Business).
Why are employers paying attention?
Absenteeism is estimated to cost the economy between R12 billion and R16 billion a year, according to figures from Occupational Care South Africa and Stats SA cited by IOL. There's no official national absenteeism rate, but the Public Service Commission's data works out to about 3.7 sick days per public servant in 2023 (Appsentia).
FAQ
How many sick days do you get in South Africa?
If you work five days a week, the BCEA gives you at least 30 days of paid sick leave in each 36-month cycle. Six-day workers get 36 days.
When must I give my employer a sick note?
Your employer can require a medical certificate if you were off for more than two consecutive days, or on more than two occasions in eight weeks.
What happens when my sick leave runs out?
The BCEA only guarantees paid sick leave up to the cycle's entitlement. Check your contract or speak to your HR department or the Department of Employment and Labour about further absence.