Sick Leave
Income
The rules on paid sick leave come from the Labour Act.
During the first six months of continuous employment with the same employer, sick leave is unpaid. However, if an employee has worked for more than six months, they are entitled to:
- 12 days of fully paid sick leave per year.
- 24 additional days of sick leave at half pay (50%) per year.
An employee may avail the paid sick leave if they produce a certificate of incapacity signed by a registered medical practitioner. Sick leave is not carried forward from one year to another.
Source: §190 of the Labour Act, 2024 (Act No. 3 of 2024)
Medical Care
There is a provision for free medical care under the Workmen’s Compensation Act and its 2024 regulations.
For medical expenses, the following amounts are provided under the law:
- Maximum amount of 33,400 maloti in respect of medical, surgical and hospital treatment, skilled nursing services and supply of medicines;
- Maximum amount of 16,700 maloti in respect of supply, maintenance repair and removal of non-articulated artificial limbs or any other artificial appliances;
- Maximum amount of 5,010 maloti in respect of reasonable charges incurred in the transfer of a worker to and from a place where necessary treatment is available.
The law requires employers to arrange a free medical examination for workers who report an accident and mandates periodic follow-up exams for those receiving compensation. If a worker fails to attend, their compensation rights may be suspended until compliance, and if they do not attend for over fifteen days, no compensation is given unless justified.
Workers can have their own doctors present at their expense, and employers must provide necessary treatment during temporary incapacity. Non-compliance with medical advice can impact compensation, and if a worker fails to comply before a fatal incident, the death may not be linked to the injury, resulting in no compensation.
Sources: §5 of the Workmen’s Compensation Regulations, 2024; §15 of the Workmen’s Compensation Act, 1977
Job Security
No provisions on job security for sick workers could be identified within the law. While the 1992 law clearly prohibited employers from dismissing any employee whose absence from work was justified under the labour legislation, the new Labour Act does not clearly grant this protection.
The total length of statutory sick leave is, however, 24 days per year.
Source: §190 of the Labour Act, 2024 (Act No. 3 of 2024)
Regulations on Sick Leave
- Labour Act, 2024 (Act No. 3 of 2024)
- Workmen’s Compensation Act, 1977
- Workmen’s Compensation Regulations, 2024
