In South Africa, learners who are also employees, particularly in industries like hairdressing and beauty, have the right to sick leave and are entitled to sick pay benefits. These entitlements are grounded in the Main Collective Agreement and the provisions of the National Bargaining Council for Hairdressing, Cosmetology, Beauty, and Skincare Sick Pay Fund rules.
This article explores how these rights apply to learners and how they can benefit from the protections offered. Employees within our industry have 66 days of sick leave divided into two portions. The first portion is allocated to 33 days of sick leave for any period less than 6 days over a cycle of three years. The second portion of the 33 days is assigned to the employee being ill for a continued period of 7 days or more. Â
Sick Leave Entitlements Under the Basic Conditions of Employment Act
The Basic Conditions of Employment Act (BCEA) is the cornerstone of employee rights in South Africa, ensuring that all employees, including learners who work part-time or under learnership agreements, are entitled to fair working conditions. Under the BCEA, sick leave entitlements are clearly defined:
Employees are entitled to six weeks of paid sick leave in a 36-month cycle. For learners employed on a part-time basis or under a learnership agreement, this entitlement is typically prorated based on the number of days worked.
If a learner falls ill and cannot attend work, they are entitled to receive their regular pay during their sick leave, provided they have accrued enough sick leave days.
To qualify for paid sick leave, learners may be required to present a medical certificate from a registered medical practitioner if they are absent for more than two consecutive days or on a day before or after a public holiday.
The National Bargaining Council for Hairdressing, Cosmetology, Beauty, and Skincare (HCSBC)
The hairdressing and beauty industry in South Africa is governed by the National Bargaining Council for Hairdressing, Cosmetology, Beauty, and Skincare. The parties, through collective bargaining, have negotiated conditions of employment within the main agreement which are enforced by the designated agents.
The NBC Sick Pay Fund is a vital benefit for both employers and employees in this industry, including learners. Employers and employees contribute to this fund ensuring that workers have financial support during periods of illness. When the employee is sick, the employer deducts the daily rate and thus the amount reflects on the pay slip of the employee.
To qualify for benefits from the Sick Pay Fund, employees must have been registered with the council and contributing to the fund. This means that learners who have been employed and contributing to the fund can access these benefits. If an employer is in arrears, the fund cannot pay the employee if they are sick for those days and the employer when making payment, must request the accounts department to allocate such funds to the SPF (sick pay fund). Where an employee/learner is unable to claim from the SPF due to an employer's arrears, the employer is liable to remunerate the employee/learner for the sick leave.
For learners working in the hairdressing and beauty industry, understanding their sick leave rights is essential for employers, and must be aware of or read up on the sick pay fund rules. Employers need to provide learners with an employment contract or learnership agreement that clearly outlines their sick leave entitlements. This includes understanding how sick leave is accrued and the process for claiming sick pay as per the sick pay fund rules.
Employers are legally required to honour the sick leave provisions outlined in the Main Collective Agreement for the industry and to contribute to the Sick Pay Fund as mandated by the main agreement. Learners should be aware of their right to access these benefits and ensure that their employers are compliant.
In the event of illness, learners should follow the appropriate procedures for claiming sick leave and accessing Sick Pay Fund benefits. This will require submitting all necessary documentation of the sick pay fund claim form within 90 days of illness to ensure they receive the financial support they are entitled to.
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