Sick leave in South Africa — the BCEA 36-month cycle
Under section 22 of the BCEA, an employee is entitled to the number of days they would normally work in six weeks of paid sick leave in every three-year cycle — 30 days for a five-day week and 36 days for a six-day week. During the first six months of employment, the employee earns one day of sick leave for every 26 days worked.
Payroll Africa Editorial · SARS Payroll Compliance Team
The Payroll Africa editorial team is composed of registered tax practitioners, payroll administrators and BCEA specialists who maintain the SARS PAYE, UIF, SDL and ETI engines that power the platform. Every article is reviewed against the current SARS BRS and Basic Conditions of Employment Act before publication.
- SARS registered tax practitioners
- SAPA-affiliated payroll administrators
- BCEA and LRA compliance reviewers
Last updated 26 Aug 2026
How much sick leave does an employee get?
Sick leave is granted per 36-month cycle, not per year. The cycle starts on the first day of employment and resets every three years. Unused days do not carry over into the next cycle and are not paid out on termination.
- Five-day week: 30 paid sick days per 36-month cycle
- Six-day week: 36 paid sick days per 36-month cycle
- First six months: one day per 26 days worked
- No carry-over between cycles and no cash-out on resignation
- Sick leave is paid at the employee's normal rate of pay
When can an employer demand a medical certificate?
An employer may withhold pay if the employee is absent for more than two consecutive days, or on more than two occasions in an eight-week period, and does not produce a valid medical certificate.
The certificate must be issued by a medical practitioner or another person certified to diagnose and treat patients and registered with a statutory council — a nurse, traditional healer or dentist qualifies where properly registered. A note that merely says the employee 'reported feeling unwell' is not a certificate of illness.
What happens when sick leave runs out
Once the 30 or 36 days in the cycle are exhausted, further absence is unpaid unless the employer chooses to advance leave, allow annual leave to be used, or the employee qualifies for UIF illness benefits.
UIF illness benefits are available where an employee is off work for more than seven consecutive days, paying the same 38%–60% sliding replacement rate as other UIF benefits.
- Unpaid absence must still be recorded on the payslip
- Annual leave may be used only with the employee's agreement
- UIF illness benefits apply after seven consecutive days off
- Long-term illness may justify an incapacity process, not dismissal for misconduct
- COIDA covers injury on duty, not ordinary illness
Tracking sick leave correctly on payroll
The most common compliance failure is treating sick leave as an annual allocation of 10 days. That is not what the BCEA says, and it under-pays employees in the second and third year of a cycle who have days left over.
Payroll Africa tracks each employee's own 36-month cycle from their start date, applies the 26-day accrual rule in the first six months, blocks approvals once the balance is exhausted, and pushes the paid or unpaid outcome onto the payslip automatically.
Frequently asked questions
Related guides
Ready to run compliant SARS payroll?
Start free, migrate in a day, and process your first payroll in minutes.