Circumcision: Can I take sick leave?

SAKHUMZI* went for circumcision over the weekend and was booked off from work for three days to heal.

He brought a doctor’s note when he returned to work, but his boss told him he would not pay him for those three days because it “wasn’t his problem” that Sakhumzi wasn’t circumcised as a boy.

Sakhumzi is upset. Surely, his boss can’t just refuse to pay him if he hasa sicknote. Scorpion Legal Protection’s labour specialists discuss the case. Scorpion Legal Protection’s advice The Basic Conditions of Employment Act protects the em- ployee’s right to be paid sick leave. An employee who works five days per week is entitled to 30 days sick leave every 36 months. An employee who works six days per week is entitled to 36 days sick leave every 36 months.

When an employee works Monday to Friday, plus every second Saturday, he/she is entitled to 33 (30 + 3 Saturdays) days of sick leave.

That said, getting circumcised is not regarded as a medical condition – it is regarded as a cosmetic procedure because it is self-imposed.

Furthermore, Sakhumzi did not do it for medical reasons. His employer is therefore entitled to

not pay him for the three days. Sakhumzi could’ve taken annual leave instead of sick leave.

Tips on other circumstances where an employer can refuse to pay an employee

There are certain situations where the employer could refuse to pay the employee, and they are as follows:

If the employee is absent for more than two consecutive days without a medical certificate, the employer does not have to pay him/her. This means that an employee needs to produce a medical certificate on the third day in order to receive his/her pay for the three days.

Only an employee who is too sick to work may claim paid sick leave. If the employer is in a position to prove that the employee was not sick, disciplinary steps can be taken against the employee. This does not mean the employer can just not pay the employee – if he/she still has annual leave, these days may be taken from his/her annual leave instead of sick leave.

In the first six months of employment, an employee is only entitled to one day’s paid sick leave for every 26 days worked. * Names have been changed to protect the person’s identity.