Sick Leave for Domestic Workers: What Employers Are Legally Required to Provide

Sick Leave for Domestic Workers Is a Legal Entitlement, Not a Favour

Many South African domestic employers treat sick leave as something they grant at their discretion — a goodwill gesture rather than a legal right. This is incorrect. Sick leave for domestic workers is a statutory entitlement under the Basic Conditions of Employment Act (Act 75 of 1997) and Sectoral Determination 7. Withholding sick leave, deducting wages for legitimate sick days, or dismissing a worker for taking sick leave exposes you to a complaint at the Department of Employment and Labour and an unfair labour practice claim at the CCMA.

How the Sick Leave Cycle Works

Sick leave for domestic workers operates on a 36-month cycle — three years of employment with the same employer. During each 36-month cycle, your domestic worker is entitled to paid sick leave equal to the number of days they would normally work in six weeks. For a worker employed five days a week, this equals 30 days of paid sick leave per 36-month cycle. For a worker employed three days a week, this equals 18 days per cycle. The cycle resets every three years from the worker's start date with you, not from a calendar year.

Sick Leave in the First Six Months of Employment

During the first six months of employment, a different rule applies. In this initial period, your domestic worker is entitled to one day of paid sick leave for every 26 days worked. This works out to approximately one day per month in the first six months. Once the worker has been employed for six months, they are entitled to access the full six-week sick leave allocation for the remainder of the first 36-month cycle. The days already taken in the first six months are deducted from the full allocation.

When You Can Require a Medical Certificate

You are entitled to require a medical certificate if your domestic worker is absent for more than two consecutive days, or if the worker is absent on a day immediately before or after a public holiday or the worker's annual leave. The certificate must be issued by a registered medical practitioner or any other person who is certified to diagnose and treat patients. You may not require a medical certificate for a single day of absence unless the worker's pattern of absence gives you reasonable grounds to do so. Requiring a certificate every time a worker takes a single sick day, regardless of pattern, is not permitted.

Paid vs Unpaid Sick Leave

Sick leave taken within the worker's statutory entitlement must be paid at the worker's full normal daily wage rate. Once the worker has exhausted their sick leave allocation for the 36-month cycle, any further sick leave taken is unpaid. You may not deduct more than the worker's normal daily rate for each day of sick leave taken — no penalty deductions are permitted. If a worker is absent due to illness and you are not satisfied with their explanation, the correct process is a disciplinary enquiry, not a wage deduction.

Sick Leave and Dismissal

Dismissing a domestic worker because they are sick or because they have taken legitimate sick leave is automatically unfair dismissal under the Labour Relations Act. You cannot dismiss a worker for being ill, even repeatedly, without following a proper incapacity process. An incapacity process requires you to investigate the nature and extent of the illness, consider whether the worker can be accommodated in a different capacity, and give the worker an opportunity to respond before any decision to terminate employment is made. Dismissal without this process exposes you to a claim at the CCMA for compensation of up to 12 months' wages.

Tracking Sick Leave Correctly

You must keep accurate records of all sick leave taken by your domestic worker. Records must show the dates of absence, whether the absence was certified or uncertified, and the running balance of sick leave remaining in the current 36-month cycle. Payslips must reflect sick leave taken and the remaining balance. MyHelper tracks your domestic worker's sick leave balance automatically and reflects it on every payslip generated through the platform.

Frequently Asked Questions

Can I deduct wages if my domestic worker takes sick leave without a certificate?

Only if the absence exceeds two consecutive days or falls immediately before or after a public holiday and you have requested a certificate which has not been provided. For a single day of uncertified absence, you may not deduct wages unless there is a pattern of abuse that you are addressing through a proper disciplinary process.

Does sick leave reset every year?

No. Sick leave operates on a 36-month cycle, not an annual cycle. Your domestic worker accrues the full six-week entitlement over three years of employment, not one year. The cycle resets every three years from the worker's employment start date.

What happens to unused sick leave when employment ends?

Unused sick leave is not paid out on termination of employment. Unlike annual leave which must be paid out, sick leave that has not been taken simply lapses when employment ends.

Can I require my domestic worker to work while sick?

No. Requiring a worker to work while genuinely ill is a violation of their rights. If a worker presents themselves as sick and you dispute this, you may request a medical certificate and address any abuse through a disciplinary process — but you may not compel attendance while the worker is ill.

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