New Sick Pay Fund Rule for Covid-19 Claims
To help you understand the new Covid-19 rules that form part of the Sick Pay Fund, here is a practical example of how the days are calculated and the leave is applied for.
Calculating Sick Leave for Covid-19: Practical Example
Each employee has a short sick leave entitlement of 33 days over a 3 year period and a long sick leave entitlement also of 33 days over a 3 year period as per clause 5.4 of the Sick Pay Fund Rules.
For a Covid-19 claim, the days available for the claim to succeed will be determined by looking at both the balances left on the employee’s total leave entitlement.
A maximum of 10 days will be allocated from the short sick leave and a maximum of 23 days will be allocated from the long sick days. Therefore the Covid-19 claim will be limited to 33 days. Please note that this is not an additional 33 days granted but will be taken from the existing entitlement.
The process will be as follows:
1. We check how many short sick days are available and calculate the short sick days available for a Covid-19 claim (Available short sick days x 10 / 33) (Example: Employee has 12 short sick days left = 12 x (10/33) = 4 days)
2. We check how many long sick days are available and calculate the long sick days available for a Covid-19 claim (Available long sick days x 23 / 33) (Example: Employee has 30 long sick days left = 30 x (23/33) = 21 days)
3. The total of the above will then indicate how many days is available for a Covid-19 claim (Example: Total days available for a Covid-19 claim = 4 short sick days + 21 long sick days = 25 days total)
4. The number of days the employee has been booked off by a medical professional (a doctor’s note will be required) is then determined (Example: employee is booked of for 14 days)
5. This then means the Sick Pay Fund will be able to calculate the claim on the full 14 days since the employee has 25 days available
6. The claim then gets calculated as any other Sick Pay Fund claim based on the rate per day. The difference however is that the value of the claim will be limited to 75% as per clause 5.10.5.2
7. Clause 5.10.6 then stipulates that the employee has the right to claim the shortfall from the Unemployment Insurance Fund (if applicable)
HERE IS THE FULL EXPLANATION OF THE NEW SICK PAY FUND RULE FOR COVID-19 CLAIMS
The rule is as follows:
Clause 5.10 – Covid-19 or similar virus claims
5.10 For Covid-19 or any similar viruses the following will apply when a claim is instituted against the Sick Pay Fund-;
5.10.1 The number of days for which a Covid-19 or similar virus claim can be instituted, will be limited to 33 days in total. The 33 days will be calculated as follows: -
5.10.1.1 10 (Ten) days will be allocated from the short sick leave allotment; and
5.10.1.2 23 (Twenty-three) days will be allocated from the long sick leave allotment.
5.10.2 The limit of 33 days on a Covid-19 or similar virus claim will not be considered an additional benefit granted to the employee. The 33 days (10 days short sick leave and 23 days long sick leave) will be taken from the current allotment of 66 days (33 days short sick leave and 33 days long sick leave) to each employee as per the Sick Pay Fund Rules.
5.10.3 The limit of 33 days granted on a Covid-19 or similar virus claim will be subject to the remaining number of days available per member within their cycle for short sick leave and long sick leave. The ratio of days utilised to calculate the claim value for a Covid-19 or similar virus claim will be as follows: -
5.10.3.1 available short sick days remaining within the member’s cycle x 10 days divided by 33 days; and
5.10.3.2 available long sick days remaining within the member’s cycle x 23 days divided by 33 days.
The value of the Covid-19 or similar virus claim will be limited to the ratio calculation as per clause 5.10.3.1 and 5.10.3.2, limited to a total number of 33 days.
5.10.4 A member will only be able to institute a Covid-19 or similar virus claim against the SPF during the payment period, if:-
5.10.4.1 the member is in possession of a medical certificate issued by a registered medical practitioner, clearly stating: -
5.10.4.1.1 the name, address and capacity of the practitioner issuing the medical certificate;
5.10.4.1.2 the date upon which the member consulted with the practitioner;
5.10.4.1.3 the period that the member will be absent from work due to the illness.
5.10.4.2 The SPF may, if necessary, communicate with and call on the practitioner to amplify or clarify any aspect mentioned on the medical certificate or, in its sole and absolute discretion, refer the member to a practitioner of its own choice and at its own costs, to verify the medical condition, examination or medical procedure, or duration thereof, mentioned on the medical certificate. No claim shall be paid until such time that the SPF has finalised its own investigation as envisaged in this clause, should it elect to do so.
5.10.5 A Covid-19 or similar virus claim against the SPF shall be calculated on the basis of :-
5.10.5.1 the duration that the member is absent from work due to Covid-19 or similar virus as indicated on the medical certificate limited to the available days as per clause 5.10.3, limited to a total number of 33 days; and
5.10.5.2 the value of the Covid-19 or similar virus claim will be limited to 32% of the total claim value.
Any shortfall in the value of the Covid-19 or similar virus claim should be instituted against the Unemployment Insurance Fund by the member.
Should you need any additional explanations, please send an email to the Sick Pay Fund at sickpayfund@hcsbc.co.za
Click HERE to read the full Sick Pay Fund rules
