Sick Leave
Income
The Employment Act provides for a fully paid sick leave in the event of temporary incapacity due to sickness or some accident. In order to avail fully paid leave, the worker must provide a valid medical certificate. The employer may continue to pay for longer period however it is not required under the law.
The length of paid sick leave depends on the type of employment contract. An employee on the short-term contract is paid full pay for the first 26 working days of the sick leave and thereafter, half pay (50%) for the next 26 working days of the sick leave. An employee on the long-term contract is paid full pay during the first three months of the sick leave and thereafter, half pay for the next three months of the sick leave. Long term contracts are all such contracts with duration in excess of 12 months.
In accordance with the General Wage Order and Shop Workers’ Wages Order, a worker may be granted paid sick leave at full pay during the first three months and thereafter at half pay for the next 3 months. Shop Workers’ Wages Order also provides for paid sick leave for 26 working days for the probationary employees.
Source: §6 of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §6(b) of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012); §38 of the Employment Code Act, 2019
Medical Care
No statuary medical benefits are provided under the law. No relevant provisions could be located in law. Medical care is available to all citizens in government run hospitals at a low cost. Constitution also considers it a right to have access to health care services.
National Health Insurance Act of 2018 requires employers to register workers with the National Health Insurance Management Authority. It is a social insurance system, based on the contributions from workers and employers. Among other, the functions of the Authority will be to to implement, operate and manage the National Health Insurance Scheme; accredit health insurance healthcare providers; and develop a comprehensive benefit package to be accessed by members. The new law is yet to be implemented.
Job Security
In accordance with the Employment Act, a contract may be terminated on the report of a medical practitioner, indicating that an employee is unable to fulfil a written contract due to illness or some accident. If an employee does not recover from illness after six months from the date of accident/illness, employer may discharge such an employee on the recommendation of a registered medical doctor.
Source: §7(4) of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §7(4) of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012); §38(5) of the Employment Code Act, 2019
Regulations on Sick Leave
- Employment Code Act, 2019
- Constitution of the Republic of Zambia, 2016/Draft Bill of Rights 2016
- Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012)
- Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012)
- Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011 (amended in 2012)
- Workers' Compensation Act (No. 10 of 1999)
