Under the BCEA, an employee is entitled to paid sick leave equal to the number of days they would normally work in a six-week period, over a 36-month sick leave cycle. On a five-day week that is 30 days over three years. During the first six months of employment the entitlement is different: one day's paid sick leave for every 26 days worked.
The 36-month cycle is what confuses people. It is not an annual entitlement — it is a three-year pool, and an employee who uses all 30 days in year one has none left until the cycle resets.
The entitlement
The main rule: during each sick leave cycle of 36 months, an employee is entitled to paid sick leave equal to the number of days they would normally work during a period of six weeks.
| Working pattern | Sick leave per 36-month cycle |
|---|---|
| Five days a week | 30 days |
| Six days a week | 36 days |
| Three days a week | 18 days |
The first six months: during the first six months of employment, the entitlement is one day's paid sick leave for every 26 days worked.
That works out to roughly one day a month. An employee who joins in March and falls ill in April has one day, not thirty.
The cycle starts on the first day of employment and runs for 36 months. It then resets and a new cycle begins.
What the 36-month cycle means in practice
It is a pool, not an annual allowance.
An employee who takes 30 days of sick leave in the first year of a cycle has no paid sick leave remaining for the following two years of that cycle.
Worked example. An employee starts 1 March 2026. Their cycle runs to 28 February 2029.
2026/27: takes 22 days sick. 8 remaining.
2027/28: takes 8 days sick. 0 remaining.
2028/29: any sick leave is unpaid, unless the employer chooses otherwise or a contract provides more.
1 March 2029: new cycle, 30 days available again.
Employers often provide more than the minimum by contract or policy — commonly resetting annually. That is permitted, since the BCEA sets a floor rather than a ceiling. Just be clear in the contract which basis applies, because reverting later is difficult.
Medical certificates
When you may require one: an employer is not required to pay an employee for sick leave if the employee has been absent for more than two consecutive days, or on more than two occasions during an eight-week period, and fails on request to produce a medical certificate.
So a single day off does not automatically require a certificate. Three consecutive days does. And a third separate absence within eight weeks does.
Who may issue it: the certificate must be issued and signed by a medical practitioner or other person certified to diagnose and treat patients, and who is registered with a professional council established by an Act of Parliament. That includes doctors, and depending on the circumstances, certain other registered practitioners.
What it must confirm: that the employee was unable to work for the period stated, on account of sickness or injury.
A certificate stating only that the employee "reported feeling unwell" does not meet the requirement, because it certifies what the employee said rather than the practitioner's assessment.
What sick leave is not
It is not annual leave. If an employee falls ill during annual leave and produces a medical certificate, those days become sick leave and the annual leave days are restored.
It is not family responsibility leave. That is a separate entitlement — 3 days per annual cycle, in defined circumstances such as the illness of a child, for employees who have worked at least four months and more than four days a week.
It is not maternity leave. At least four consecutive months, unpaid by the employer, with the employee claiming from UIF.
It is not paid out on termination. Unlike annual leave, unused sick leave has no cash value and is not paid out when employment ends.
Long-term illness
Where an employee exhausts their sick leave and remains unable to work, several things come into play.
UIF illness benefits. An employee unable to work for an extended period may claim illness benefits from the Unemployment Insurance Fund — which is one practical reason the monthly UI-19 declaration matters. See what is UIF.
Incapacity, not misconduct. Dismissal for ill health is treated as incapacity, and requires a specific and careful procedure — investigating the extent of the incapacity, considering alternatives to dismissal, and consulting the employee. It is not a disciplinary matter and cannot be handled as one.
Take advice before acting. Incapacity dismissals are among the most commonly overturned at the CCMA, and the procedural requirements are demanding.
Managing it in payroll
Track the 36-month cycle per employee, not per calendar year. This is the part manual systems get wrong most often, because each employee's cycle starts on their own employment date.
Record the reason and dates for every absence, and file the certificates.
Show the sick leave balance on the payslip where your system allows. It prevents most disputes.
Diarise cycle reset dates so you are not paying leave that has been exhausted, or refusing leave that has reset.
Watch the pattern, not just the total. Repeated Monday or Friday absences within an eight-week window trigger the certificate requirement and may warrant a conversation.
Frequently asked questions
How many sick days is an employee entitled to in South Africa? The number of days the employee would normally work in six weeks, over a 36-month sick leave cycle — 30 days for someone on a five-day week and 36 days on a six-day week. During the first six months of employment it is one day for every 26 days worked.
Is sick leave annual in South Africa? No. It runs on a 36-month cycle starting from the first day of employment. An employee who uses the full entitlement in the first year has none remaining for the rest of that cycle.
When can I ask for a medical certificate? Where the employee has been absent for more than two consecutive days, or on more than two occasions during an eight-week period. In those cases an employer is not required to pay for the sick leave if the employee fails on request to produce a certificate.
What happens if an employee gets sick during annual leave? Where the employee produces a medical certificate, those days are treated as sick leave and the corresponding annual leave days are restored.
Is unused sick leave paid out when an employee leaves? No. Unlike annual leave, unused sick leave has no cash value and is not paid out on termination.
What happens when an employee runs out of sick leave? Further absence is generally unpaid unless the employer chooses otherwise or the contract provides more. The employee may be able to claim illness benefits from UIF, and where the incapacity is long term, a formal incapacity process may become relevant — which requires careful procedure and legal advice.
Leave records that hold up
Sick leave disputes are almost always about records rather than entitlement — nobody tracked the 36-month cycle, certificates were never filed, and two years later there is a disagreement nobody can resolve from documents.
Smartbook runs payroll with leave cycles tracked per employee and balances shown on payslips, so entitlements are current and disputes are settled from a record.
Last reviewed: 26 July 2026. Written by the Smartbook team — SAIPA and SAICA accredited, SARS registered tax practitioners. This article covers the payroll administration of sick leave. Incapacity, dismissal and dispute questions should be directed to a labour law practitioner. Sectoral determinations and bargaining council agreements may provide more than the statutory minimum. General guidance, not legal advice.
Primary sources: Department of Employment and Labour — Basic Conditions of Employment Act · CCMA · Department of Employment and Labour — UIF