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Sick Leave in South Africa: What the BCEA Says

Under section 22 of the Basic Conditions of Employment Act, an employee is entitled in every 36-month sick leave cycle to paid sick leave equal to the days they would normally work in six weeks (30 days on a five-day week), and an employer may require a medical certificate after more than two consecutive days off or more than two absences in eight weeks. The wording below comes from the Act as published by the South African government (Act 75 of 1997).

By Morné Kruger, Founder & SA Tax Editor. Last reviewed 2026-11-04.

How Much Paid Sick Leave You Get

Section 22(1) defines a "sick leave cycle" as the period of 36 months of employment with the same employer immediately following your commencement of employment or the completion of your prior sick leave cycle. Section 22(2) then says that during every sick leave cycle you are entitled to an amount of paid sick leave equal to the number of days you would normally work during a period of six weeks.

The Act therefore gives a total for the cycle, not a fixed number of days per year. How you use it across the three years is up to you and your health.

Entitlement on a 5-Day and 6-Day Week

The figures below are our arithmetic from section 22(2): days normally worked per week multiplied by six weeks. The Act does not print these numbers.

Paid sick leave per 36-month cycle (derived from BCEA s22(2))
Days normally worked per weekCalculationPaid sick days per 36-month cycle
55 days x 6 weeks30
66 days x 6 weeks36

For other patterns, such as three or four days a week, the same rule applies: days you would normally work in six weeks. Use the leave days calculator for leave accrual and leave pay.

The First Six Months of Employment

Section 22(3) says that, despite the general rule, during the first six months of employment you are entitled to one day of paid sick leave for every 26 days worked. Section 22(4) adds that during your first sick leave cycle the employer may reduce your section 22(2) entitlement by the number of days of sick leave you took under the first-six-months rule.

Sick Notes and Medical Certificates

  1. 1

    When pay can be withheld without a certificate

    Section 23(1): the employer is not required to pay you if you were absent for more than two consecutive days, or on more than two occasions during an eight-week period, and on request you do not produce a medical certificate stating that you were unable to work for the duration of the absence on account of sickness or injury.
  2. 2

    Who may issue it

    Section 23(2): the 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.
  3. 3

    If you live on the employer’s premises

    Section 23(3): if it is not reasonably practicable for an employee who lives on the employer’s premises to get a certificate, the employer may not withhold payment unless it gives reasonable assistance to obtain one.

How Sick Leave Is Paid

Subject to section 23, section 22(5) requires the employer to pay the wage you would ordinarily have received for work on that day, on your usual pay day. Section 22(6) lets an agreement reduce the pay for a day of sick leave only if the number of paid days is increased at least commensurately and the pay is at least 75 per cent of the wage for the ordinary hours you would have worked that day, with the cycle total at least equal to your section 22(2) entitlement.

Section 24 carves out inability to work caused by an accident or occupational disease covered by the Compensation for Occupational Injuries and Diseases Act, 1993 or the Occupational Diseases in Mines and Works Act, 1973, except for any period when no compensation is payable under those Acts..

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Frequently Asked Questions

How many sick days do I get per year in South Africa?
The BCEA does not set an annual number. Section 22(2) gives you, in every 36-month sick leave cycle, paid sick leave equal to the number of days you would normally work in six weeks. For a five-day week that works out to 30 days over the cycle, and for a six-day week 36 days (our arithmetic from the Act, not wording in the Act).
What is the sick leave cycle?
Section 22(1) defines it as the period of 36 months of employment with the same employer immediately following your commencement of employment or the completion of your previous sick leave cycle.
How much sick leave do I get in my first six months?
Section 22(3) says that during the first six months of employment you are entitled to one day of paid sick leave for every 26 days worked. Section 22(4) lets the employer reduce your first-cycle entitlement under section 22(2) by the days taken under this rule.
When can my employer ask for a sick note?
Under section 23(1) the employer need not pay you if you were absent for more than two consecutive days, or on more than two occasions in an eight-week period, and on request you do not produce a medical certificate saying you were unable to work on account of sickness or injury.
Who can issue a valid medical certificate?
Section 23(2) says the certificate must be issued and signed by a medical practitioner or another person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.
How much am I paid for a sick day?
Section 22(5) says that, subject to section 23, the employer must pay the wage you would ordinarily have received for work on that day, on your usual pay day. Section 22(6) allows an agreement to reduce the daily pay, but only if the number of paid days is raised at least commensurately and the daily pay is at least 75 per cent of the wage for that day.
Does this apply if I was injured at work?
Not in the same way. Section 24 says sections 22 and 23 do not apply to an inability to work caused by an accident or occupational disease covered by the Compensation for Occupational Injuries and Diseases Act, 1993 or the Occupational Diseases in Mines and Works Act, 1973, except for any period during which no compensation is payable under those Acts.

Sources consulted

Section references are to the Basic Conditions of Employment Act, 1997 (Act 75 of 1997), sections 22 to 24, as published in the Government Gazette text. Check the current consolidated Act for later amendments. Last updated 2026-11-04.

Compliance Disclaimer

This guide is for information only and is not legal, tax or financial advice. Contracts, collective agreements and sectoral determinations can affect your position. Accounter is not affiliated with the Department of Employment and Labour, SARS, CIPC or any retirement fund.