There has been some uncertainty and many questions from employers regarding COVID-19 and how to deal with employee leave.

This post provides guidance i.r.o questions about the impact of COVID-19 on the workplace, especially after President Cyril Rhamaposa’s recent announcements.

Take note, the information in this post is based on the information provided by the South African Department of Employment and Labour.

Sick leave:

There has been uncertainty regarding the application of sick leave concerning COVID-19, especially whether employees are entitled to paid sick leave if they voluntarily self-isolate.

In circumstances where employees exhibit signs of illness, the provisions of the BCEA dealing with sick leave should be applied.

Also see the section about illness benefits below.

Self-isolation:

• Employers who have polices and measures in place for employees to continue work by working remotely, will carry on business as usual with regards to payments, leave etc.
• The Department of Employment and Labour has published information and guides on their website to put measures in place to assist distressed employers to ensure workers are not laid off. These measures include the following:
  • A period of reprieve will be considered in order for companies not to contribute UIF. Currently no further information about this is available and as soon as we have information/confirmation, it will be communicated.
  • In instances where companies decide to close for a short period of time as a precautionary measure or implement ‘reduced or short work time’, the ‘reduced work-time UIF benefit’ will kick in. Please refer to the guides above to view the list of UIF documents which must be completed in this case.
  • In the cases where an employee has to be self-quarantined for 14-days, such leave will be recognized as ‘illness leave/special leave’ on condition that the reason for self-quarantine meets the requirements and the employee can apply for UIF benefits. In this case a confirmation letter from both the employer and employee must be submitted together with the application as proof that both the employer and employee have agreed to the 14 days ‘special leave/illness leave’. Please refer to the guides above to view the list of UIF documents which must be completed in this case.
  • In the event that the employee must be quarantined for longer than14 days (as a result of having travelled or been in contact with an affected person) such leave will also be recognised as ‘illness leave/special leave’ and the employee will be eligible to apply for UIF benefits. In this case a medical certificate from a medical practitioner must be submitted together with the Continuation From UI3. Please refer to the guides above to view a list of the other UIF documents which must be completed in this case.
  • In addition to this, there is a temporary employee/employer relief scheme (TERS). Please click here for more information.

Safety in the workplace:

Employers must comply with the Occupational Health and Safety (OHS) Act i.r.o COVID-19 and are required to provide necessary protective equipment and put in place mitigating measure until the outbreak has been dealt with. For more information about safety in the workplace, please click here.

The Compensation Commissioner also published a notice of compensation for occupationally acquired COVID-19 virus, under the Compensation of Occupational Injuries and Diseases Act. Click here to view the notice.

For further information or questions you may have, please contact the Department of Employment and Labour.