You are entitled to sick leave after two months in employment

CLARIS OGANGAH

As a new employee or an employee on probation who has fallen ill, am I entitled to sick leave? If yes, how is it calculated and is it a paid sick leave and can my employment be terminated for long absenteesm on medical grounds?

Answer: The issue of sick leave is dealt with under section 30 of the Employment Act 2007 and provides that after two consecutive months of service, an employee shall be entitled to sick leave of not less than seven days with full pay.

Thereafter, she is entitled to sick leave of seven days with half pay, in each period of 12 consecutive months of service subject to production by the employee of a certificate of incapacity to work signed by a duly qualified medical practitioner.

This means that you are only entitled to sick leave after you have worked for at least two months.

The Act refers to two months of service and it does not specify whether this is when an employee is still on probation.

However, the reading implies that this is an employee under a contract of employment.

The quoted section is clear on when an employee can get paid sick leave and provides that it is only for the first seven days that an employee is fully paid. It would appear that this is the only period an employee is entitled to sick leave in a year because the section states that the leave is for each period of 12 consecutive months of service.

Hospital documents

Sick leave, however, is subject to production of hospital documents to show one was on leave on medical grounds and this is one of the conditions necessary if an employee is to get paid.

Section 30(2) provides that ‘for an employee to be entitled to sick leave with full pay the employee shall notify or cause to be notified as soon as practicable her employer of her absence and the reasons for the absence.

On the second part of your question as to whether your employment can be terminated on the grounds of having been on sick leave.

The Act provides that as long as an employee follows the required procedure, she should not be victimised.

The onus is on the employee to show she was genuinely sick to warrant protection under the Act.

The only time employment can be terminated on account of illness is when the employee cannot resume work and is incapacitated to the extent that a medical practitioner recommends early retirement.