CORONAVIRUS Q&A: Know your employment rights

In this alert, we answer some of the most pressing questions that have been asked over the past few days.The Basic Conditions of Employment Act 75 of 1997 regulates sick leave entitlement. In terms of section 22 of the BCEA, the "sick leave cycle" means the period of 36 months’ employment with the same employer immediately following an employee’s commencement of employment.

A retrenchment is as a result of no fault on the part of the employee. In the circumstances, it is not an opportunity for an employer to terminate the employment of ill employees. At this point, the coronavirus is unlikely to trigger an operational need. The recommended period for recovery/isolation is 14 days – this in itself cannot trigger a need to retrench. However, should a large number of employees be infected, an operational need could possibly arise in future.Employees remain obligated to come to work, unless instructed otherwise by their employers. Employees who refuse to come to work must have a valid reason for their absence.

Aadil Patel is the National Head of the Employment practice and Anli Bezuidenhout is a Senior Associate in the Employment practice at Cliffe Dekker Hofmeyr.

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