Sick Leave

Income

Any employee is, after medical examination, entitled to such sick leave as the medical officer concerned recommends and is entitled to be paid his basic pay for at least 20 working days of sick leave in any one year of continuous employment. The cost of the medical examination has to be borne by the employer.

Source: §100 of the Employment Act, 2010

Medical Care

Every employer is to provide for his employees and members of their families living with them medical aid. The employer is to defray the reasonable expenses incurred by a worker within Botswana, or with the approval of the Commissioner of Worker’s Compensation, outside Botswana, as a result of any injury or occupational disease which would entitle the worker to compensation.

Under the Factories Act, upon the premises of a factory, there is to be provided and maintained a first aid box or cupboard stocked to the prescribed standard. Each first aid box is to be placed under the charge of a responsible person who will always be readily available during working hours, and a notice will be affixed in every workroom stating the name of the person in charge of the first aid box or cupboard provided in respect of that room.

Source: §125 of the Employment Act, 2010; §28-30 of the Workers Compensation Act; §49 of the Factories Act

Job Security

There is no clear provision on job security after the first 20 days of sickness. In line with the Employment Act, if the employer is unable to fulfil a contract of employment or where, owing to sickness or accident, the employee is unable to fulfil such a contract, the contract may be terminated, subject to conditions safeguarding the right of the employee to any wages earned, any compensation due to him in respect of sickness or accident and any right to repatriation.

Source: §49 of the Employment Act, 2010

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