Unlike annual leave, sick leave is apportioned in 36-month cycles (i.e. every 36 months constitutes one sick leave cycle).

A Domestic worker is entitled to paid sick leave calculated on the following basis:

• during the first six months’ of employment, 1 day’s paid sick leave for every 26 days worked;

• after six months of employment, paid sick leave equal to the number of days the domestic worker would normally work during a period of six weeks (per 36-month cycle);

(following the expiry of the first six months of employment, any sick leave taken by the domestic worker may be set off against the sick leave available during the remaining 36 months cycle).

Before making payment, employers may require a medical certificate provided that:

• the domestic worker has been absent from work for more than two consecutive days; or

• the domestic worker has been absent on more than two occasions during any eight-week period.

(if the domestic worker resides at the employer’s premises and it is not reasonably practicable for the domestic worker to obtain a medical certificate, i.e. in rural areas, the employer must provide reasonable assistance for the domestic worker to obtain a medical certificate).

While such medical certificates are normally signed by medical doctors, it is permissible for employees to obtain medical certificates from a professional nurse (who is authorised to issue certificates), from a traditional healer or from any other person who is certified to diagnose and treat patients and is registered with a professional council established by parliament.

Where a domestic worker fails to produce a medical certificate in the above circumstances, then he/she is not entitled to paid sick leave. Similarly, where a domestic worker exceeds his/her sick leave entitlement during a sick leave cycle, then he/she is not entitled to any additional paid sick leave during that cycle.

Employers should also bear in mind the deductions from sick leave pay for medical expenses referred to above.