What happens when a person is sick the day before a public holiday or even unable to come to work the day before or after a public holiday? This is often a head-scratcher for many employers as one is unsure whether the worker must be paid for the public holiday or not, or whether a medical certificate can be requested from the worker. Let’s try and answer this.
When the employee is contracted to only be paid for hours or days worked, it can be confusing whether they need to be paid for a public holiday, as they “do not work on that day”. If the public holiday falls within the employment period of the worker, then the day is payable at the agreed-upon normal daily hours at the agreed-upon rate per hour. For seasonal workers, if the business provides notice that no work will be conducted for a whole week, for example, and during that week there is a public holiday, then it’s deemed as no work/no pay, but there must be evidence of no work being done and notice given beforehand. This should not be used as a method to avoid paying for public holidays.
If the worker is absent from work due to illness the day before and after a public holiday, the public holiday is still payable, unless the worker neglects to inform the employer of their absence or provide evidence that they were ill (if sick for longer than two consecutive days). The employer should always ensure they have an adequate reference to a disciplinary process that will be followed. Only once the process is followed and the worker is guilty of breaking the company rules can one of the outcomes of the disciplinary action be determined.
When a worker is ill and cannot come to work, he/she is only expected to provide a medical certificate/sick letter after ‘two consecutive days’ of absence. Now, when there is a public holiday in the middle of a week, for example, on Wednesday, and the worker is absent from work on Tuesday and Thursday, does this constitute more than ‘two consecutive days’ and, therefore, is a medical certificate needed? The simple answer is no, as the public holiday will not be an actual working day. An employee cannot be expected to provide a medical certificate in such a case. However, if the business can see that the worker is abusing the benefit of sick leave or it is repetitive behaviour, management can start to request a medical certificate or take disciplinary action against the worker.
*Side note: if it was agreed to work on the public holiday, and the worker is absent, the normal procedures will follow as with a normal working day. If the worker is absent for three days, then a medical certificate can be requested.
For more information, feel free to refer to the SIZA Guideline on Working Hours and Wages under ‘Member Resources’ on your MySIZA platform profile or contact the SIZA office for assistance at 021 952 8184.