Has she worked there more than 6 months?
She started in June 2005
1. No, because there are no excess leave. She is entitled to 30 days (as per the example) within that period. It is different from annual leave where the act makes provision for an agreement between employer and employee that one day leave accrues for every 17 days worked. There is no such allocation for sick leave in the BCEA. In other words: where it is possible to calculate excess annual leave, it is not possible, because of the wording of the act, to calculate excess sick leave, which leads to the conclusion that there is no such thing as excess sick leave.
2. The Act states that, in the first six months of your very first sick leave cycle, you get one day for every 26 days worked. This is only applicable in your first six months of employment. In other words, for this employee, this clause would have lapsed in November 20005. In July 2008, the second sick leave cycle would have started and she would have had 30 days from 1 July 2008 until 1 August 2011. On 1 August 2011, she would have received 30 days for the third cycle, without the allocation of one day for every 26 days being applicable.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).