For the past year Gadija has worked every Saturday and Sunday as a casual shelf- packer for Shoprite. She works up to 20 hours on a weekend. She had a bad flu’ over one weekend, informed her manager that she was too ill to work and stayed in bed at home. Even though she provided a doctor’s certificate, Shoprite refused to pay her for the days she was ill.

What Does the Law Say?

Gadija is protected by the BCEA which says that an employee who works more than 24 hours during any month earns one day sick leave for every 26 days worked.

(See: BCEA – Sick Leave)

What Can You Do?

Write a letter to the employer setting out the circumstances and stating what the law says about casual employees and sick leave. Refer them to the relevant section in the BCEA. If the employer ignores the letter, refer the matter to the Department of Labour.