Section 28: Sick leave

28. Sick leave (1) (a) Subject to subsections (3) and (4), every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 12 consecutive months shall be entitled, during each subsequent period of 12 months while he remains in the continuous employment, to 15 working days’ sick leave on full pay. (b) Where, at the end of the period of 12 consecutive months, a worker has not taken the sick leave to which he is entitled under paragraph (a), any outstanding sick leave shall be accumulated to a maximum of 90 working days. (2) (a) Where a part-time worker remains in continuous employment with the same employer for a period of 12 consecutive months, he shall be entitled, during each subsequent period of 12 months, to the number of days of sick leave on full pay computed in accordance with the following formula— N/W x Y, where “N” means the number of days of work he is required to perform in a week, “W” means the number of working days in a week of a comparable full-time worker and “Y” means the number of days of sick leave to which a worker is entitled under subsection (1) or under any Remuneration Regulations, as the case may be. (b) Where, at the end of the period of 12 consecutive months, a worker has not taken the sick leave to which he is entitled under paragraph (a), any outstanding sick leave shall be accumulated up to a maximum number of days in accordance with the following formula— N/W x 90 normal working days, where “N” means the number of days of work he is required to perform in a week and “W” means the number of working days in a week of a comparable full-time worker. (2A) Every worker, other than a part-time worker, who remains in continuous employment with the same employer for a period of 6 consecutive months and who has been present on all the working days during that period shall be entitled, during each subsequent month up to the twelfth month, while he remains in continuous employment with that employer, to one day’s sick leave for each month of service up to a maximum of 6 days’ sick leave. (3) Where a worker has exhausted the sick leave provided for under subsection (1) (a) or (2) (a) and he has wholly spent time— (a) in a hospital, public or private; (b) for his convalescence after discharge from a public or private hospital, certified by a medical practitioner, any additional sick leave granted may be deducted from the accumulated sick leave. (4) (a) Where a worker absents himself on ground of illness, he shall, except where the employer is aware of the nature of the illness, notify his employer of his illness as soon as possible. [Issue 5] E9B – 18 Revised Laws of Mauritius (b) Where a worker, referred to in paragraph (a), remains ill for more than 3 consecutive working days, he shall forward to his employer a medical certificate— (i) on the fourth day of absence; or (ii) where the worker is admitted to a hospital, public or private, within 3 days following his discharge. (5) A medical certificate referred to in subsection (4) (b) shall not be valid in respect of any period in excess of 3 days before the day on which the medical certificate was issued. (6) Every employer may, at his own expense, cause a worker who is absent on ground of illness to be examined by a medical practitioner. [S. 28 amended by s. 12 of Act 6 of 2013 w.e.f. 11 June 2013.]