In terms of the consolidated directions on occupational health and safety (gazetted on 1 October 2020) where a worker presents with COVI-19 related symptoms or advises the employer of these symptoms the employer must

“…place its employee on paid sick leave in terms of section 22 of the BCEA or if the employee’s sick leave entitlement under the section is exhausted, make an application for an illness benefit in terms of clause 4 of the Directive issued on 25 March 2020 on the COVID-19 Temporary Employer Relief Scheme under regulation 4(10) of the Regulations promulgated in terms of section 27(2) of the Disaster Management Act”.

Notwithstanding the above, on 2 March 2021 the new COVID-TERS Regulations where gazetted which provide that COVID-TERS will inter alios be available for the following persons :-

“…those employees whose employers … are required to ensure that they remain in isolation or quarantine in terms of the OHS Direction or a direction issued by the Minister of Health following a high risk-contact, irrespective of whether the employer operates in a sector specified in annexure A or not. Employees I 2.3.3 need not first exhaust their paid sick leave before claiming benefit in this direction”.

There is accordingly scope to argue that employees should be placed on unpaid leave subject to an application for UIF TERS benefits in respect of the entire period of isolation (irrespective of the amount of paid sick-leave available).

In practice however, such claims often prove difficult and even when payment is made it is normally subject to lengthy delays. That being the case, where a domestic worker is required to quarantine / self-isolate the following steps are suggested in relation to payment: –

• utilize the domestic worker’s paid sick leave entitlement for the period of quarantine / self-isolation;
• where the available sick leave is insufficient, place the domestic worker on special paid leave but apply for COVID-TERS for the duration of the period of isolation (i.e. ten days); and
• If successfully claimed, the COVID-TERS benefit can be used to set-off the amounts paid to the domestic worker while he/she was self-isolating / quarantined.

In respect of domestic workers who contract COVID-19, if there sick leave is insufficient to cover their recovery period, the normal UIF illness benefits can be applied for (see chapter seven). In respect of domestic workers who die a result of COVID-19, their dependants may have a claim (see chapter 7).

In respect of domestic workers who contract COVID from their employers (i.e. suffer an occupational disease), employers are required to lodge a claim for compensation with the COIDA Fund (see chapter 7 above). The Employer must pay 75% of their remuneration and will be entitled to recover that amount from the Compensation Fund (assuming that they are registered and paid up).