| 1. |
The current sick leave cycle commenced on 1 January 2001. Educators are entitled
to 36 working days’ sick leave with full pay over a three-year cycle. Unused sick leave shall lapse at the end of every cycle and will not be carried forward to the next cycle. The next sick leave cycle will commence on 1 January 2004. |
| 2. |
All educators unable to report for duty owing to sudden illness must notify their
principal/ supervisor during the first day of illness. |
| 3. |
Educators who apply for three or more sick leave days must submit a medical
certificate from a registered and recognised medical practitioner as defined by the Health Professionals’ Council of South Africa, citing the reason for and the duration of absence. Such medical certificate is to be based on a physical examination of the educator by the medical practitioner. |
| 4. |
In the event of an educator failing to comply with the afore-mentioned stipulations, the principal/ supervisor shall deal with each case on its merit, which does not exclude the possibility of recommending that leave so taken be without pay. |
| 5. |
In instances where the principal / supervisor or Western Cape Education
Department (WCED) identifies a pattern in the utilisation of sick leave, a medical certificate may be required for absences of fewer than 3 working days. Notwithstanding the submission of a medical certificate, the WCED may, on the grounds of further medical advice, refuse to grant sick leave for any absences from duty to which the certificate relates, and the absences shall be considered as leave without pay. |
| 6. |
For every 15 consecutive days’ leave taken without pay, an educator’s sick leave
entitlement shall be reduced by 1/36th (one day) per sick leave cycle.
|
| 7.1 |
If an office-based educator falls ill whilst on annual leave with full pay, the educator may apply for such leave to be converted to sick leave in which case a medical certificate from a registered and recognised medical practitioner as defined by the Health Professionals’ Council of South Africa, must be submitted within 30 days. |
| 7.2 |
If an institution-based educator falls ill whilst utilising accrued leave, the educator may apply for such leave to be converted to sick leave in which case a medical
certificate from a registered and recognised medical practitioner as defined by the Health Professionals’ Council of South Africa, must be submitted within 30 days.
The granting and utilisation of accrued/ capped leave will be dealt with in a separate circular.
|
| 8. |
Leave without pay may not be converted into sick leave. |
| B. |
TEMPORARY INCAPACITY LEAVE
|
| 1. |
An educator who has exhausted his/ her sick leave (whether in various short
periods/ one extended period) in a three-year cycle and who according to the relevant medical practitioner, requires to be absent due to incapacity that is not permanent may be granted additional sick leave with full pay. |
| 2. |
The granting of temporary incapacity leave or additional sick leave is subject to the conditions indicated in this circular (B1, 3, 4 and 5). Any indication that the educator’s illness is of a permanent nature must be reported by the principal/ supervisor to the WCED for investigation. |
| 3. |
Before an application for temporary incapacity leave can be considered, a medical
report must be submitted from a registered and recognised medical practitioner as defined by the Health Professionals’ Council of South Africa. |
| 4. |
Such a condition must have been certified in advance by the attending medical
practitioner as a temporary incapacity except where conditions do not permit. Where it is impossible for the educator to submit the report in advance, the educator must endeavour to submit it at the earliest opportunity. |
| 5. |
The Head of Education may require the educator to obtain a second opinion before granting approval for additional sick leave. Expenditure in this regard will be met from the departmental budget. |
| 6. |
The Head of Education may grant a maximum of 30 consecutive working days’ leave with full pay during which period an investigation must be conducted into the nature and extent of the incapacity. The investigation shall be conducted in accordance with item 10(1) of Schedule 8 of the Labour Relations Act, 1995. |
| 7. |
On the basis of medical evidence, the approval of additional sick leave days may
be granted subject to certain conditions determined by the Head of Education. |
| 8. |
If the educator is of the view that she/ he has been unfairly treated as regards the granting of additional sick leave days, she/ he has the right to follow the grievance procedure and the relevant dispute resolution procedures in order to settle the matter.
|
| 1. |
Educators whose degree of incapacity has been certified by a competent medical
practitioner as permanent shall, with the approval of the Head of Department, be granted a maximum of 30 working days paid sick leave, or such additional number of days required by the employer to finalise the processes as mentioned below.
The educator will have to submit a medical report, together with the recommendation from the Principal and the Circuit Manager. |
| 2. |
The WCED shall, within 30 working days ascertain the feasibility of:
|
| 3. |
An educator, whose degree of incapacity has been certified as permanent but who
can still render a service, may, in terms of the applicable measures, be redeployed horizontally with retention of her or his benefits. |
| 4. |
If the redeployment necessitates re-allocation to a job of a lower grading, such
action will be explained well in advance and the continued utilisation of such an educator will, in this regard, be with his or her consent. Should the educator not give his/ her consent in this regard the Department will still have the prerogative to terminate the educator’s service on the grounds of ill-health. |
| 5. |
In instances where the educator’s redeployment entails retraining, the WCED
shall take requisite resources (time and financial), feasibility and potential returns into consideration before approving redeployment. |
| 6. |
The redeployment of an educator’s services should ensure the optimal utilisation of
his or her competencies and should not compromise service delivery. |
| 7. |
If the WCED or the educator is convinced that the educator will never be able to
render an effective service at his or her level or rank, the educator may proceed with an application for the termination of service due to ill-health. |
| D. |
LEAVE FOR OCCUPATIONAL INJURIES AND DISEASES |
| 1. |
Educators who, as a result of their work, suffer occupational injuries or contract
occupational diseases, shall be granted occupational and disease leave for the duration of the period they cannot work. |
| 2. |
If an educator suffers a work-related injury as a result of an accident involving a
third party, the Head of Education shall grant her or him occupational injury leave provided that the educator: |
| 2.1 |
Brings a claim for compensation against the third party. |
| 2.2 |
Undertakes to use compensation (in terms of the Compensation for Injuries and Diseases Act, 1993) received to recompense as far as possible for the WCED’s contribution to the cost arising from the accident. |
| 3. |
The WCED will take reasonable steps to assist an educator to claim compensation
according to sub-paragraph 2 above. |
| E. |
NECESSARY DOCUMENTATION
All applications for the above-mentioned leave must be accompanied by the applicable documentation (Z1 Form). |
| F. |
Please bring the contents of this circular to the attention of all educators in your institution/ office/ directorate, including those on leave, and have them sign and date it. Principals must ensure that a copy of this circular is given to the chairperson of the School Governing Body for information. |
| G. |
You are kindly requested to place a copy of this circular together with copies of the
other circulars on leave in a separate file / cover for future use / reference
purposes. |
SIGNED: J.H. HURTER
HEAD: EDUCATION
DATE: 2003:03:06
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