How much sick leave is a domestic worker entitled to?
Short answer
Over each 36-month cycle a domestic worker is entitled to paid sick leave equal to the number of days they normally work in 6 weeks — so 30 days for a 5-day-a-week worker, or 36 days for a 6-day week. During the first 6 months of employment, sick leave accrues at 1 day for every 26 days worked. These entitlements (BCEA s22) apply once the worker does more than 24 hours a month for you.
The 36-month cycle
Sick leave runs in cycles of 36 months (three years). In each cycle a worker is entitled to paid sick leave equal to the days they normally work in a 6-week period. For a worker doing 5 days a week that's 30 paid sick days over three years; for a 6-day week it's 36. The entitlement is for the whole cycle, not per year — so it isn't 'use it or lose it' annually, but it doesn't carry over once the 36 months reset.
The first six months
A new worker doesn't get the full cycle entitlement immediately. During the first 6 months of employment, sick leave accrues at 1 day for every 26 days worked (BCEA s22(3)). After 6 months they move to the full 6-weeks-per-cycle basis. This stops a brand-new worker drawing the full three-year allowance in week one.
Part-time and once-a-week workers
Sick leave scales with the days normally worked. A worker who comes one day a week is entitled, over each 36-month cycle, to the days they'd work in 6 weeks — about 6 paid sick days across three years. Our part-time leave guide works through pro-rata leave with examples.
Medical certificates and proof
An employer may require a medical certificate before paying sick leave if the worker is off for more than two consecutive days, or more than twice in an 8-week period. Without a valid certificate in those cases, the day may be unpaid. Always record sick days taken so you know how much of the cycle entitlement remains.
Frequently asked questions
How many sick days does a domestic worker get?
Over each 36-month cycle, the days they normally work in 6 weeks — 30 days for a 5-day week, 36 for a 6-day week. In the first 6 months, 1 day accrues per 26 days worked.
Is sick leave per year or over three years?
Over a 36-month (three-year) cycle, not per year. The full entitlement is for the whole cycle, which then resets.
Can I ask for a doctor's note?
Yes. You may require a medical certificate if the worker is off more than two consecutive days, or more than twice in an 8-week period. Without one in those cases the day can be unpaid.
Does a part-time worker get sick leave?
Yes, pro-rata — the days they normally work in 6 weeks over each cycle. A 1-day-a-week worker gets about 6 paid sick days across three years.
Dignita is a compliance tool, not legal advice. Figures are based on current South African legislation; confirm with a labour-law professional for your situation.