South African workplace guide

Sick leave and the 36-month cycle.

Understand the cycle, the normal work pattern and the special rule at the start of employment before estimating a balance.

A cycle begins with employment

Read the detailed employer guide for practical controls, examples and common questions.

Under section 22 of the BCEA, a sick leave cycle is a 36-month period of employment with the same employer. The ordinary paid entitlement is the number of days the employee would normally work during six weeks.

For a regular five-day week this is 30 days per cycle; for a six-day week it is 36. It is not a fresh 30-day allocation each year.

The first six months are different

During the first six months of employment, the employee is entitled to one day of paid sick leave for every 26 days actually worked. This is based on days worked, not simply elapsed calendar days.

Leave used in that first six months can be deducted from the first cycle’s full entitlement. Do not add a full new allocation after six months without accounting for those days.

Calculate a sick leave cycle

Proof of incapacity has specific rules

Section 23 addresses when an employer may withhold sick pay if, on request, the employee does not provide the required medical certificate. It covers absence of more than two consecutive days, or more than two occasions in an eight-week period.

Apply the current statutory requirements, including requirements relating to the issuer and content of the certificate. A calendar flag should not replace careful handling of the circumstances.

An example with a clear cycle boundary

Employment starts 1 January 2024

The first 36-month cycle runs through 31 December 2026. The next begins on 1 January 2027. For a regular five-day week, a 30-day entitlement less 4 days used gives an indicative 26 days remaining.

A change in work pattern, a break in service or more generous agreed terms may require a separate assessment. A negative calculator balance is a prompt to reconcile records, not a legal determination.

Handle the information with care

The people planning coverage may need to know that someone is unavailable. They do not necessarily need access to a medical certificate or diagnosis. Define the distinction between operational visibility and sensitive supporting information.

Read about security and leave-data governance, or return to the BCEA leave guide.

Official sources & scopeDepartment of Employment and Labour — Sick leaveBasic Conditions of Employment Act 75 of 1997 — official textReviewed 30 September 2026. This is a practical overview, not legal advice. Check the current law, your employment terms, applicable collective agreements and any sector-specific rules. The original Act must be read with subsequent amendments.
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