Sick Leave

Income

The Employment Act provides for a fully paid sick leave for a total duration of 26 working days 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.

 

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); §54 of the Employment Act, 1965

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.

Bill of Rights is not part of the 2016 Constitution of Zambia (Amendment) Act and will be subject to a referendum during the 2016 general elections being held on 11 August 2016. The referendum was held and although 71% of voters voted in favour of the amendments, since the turnout was only 44%, below the 50% threshold required to validate the result, the amended Bill of Rights 2016 could not be approved. Thus, the Bill of Rights contained in 1996 Constitution is still applicable.   

Source: §52 of the Draft Bill of Rights 2016

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 fulfill a written contract due to illness or some accident. The General Wages Order however requires that 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 or medical facility designated by the employer.

 

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); § 36(2) of the Employment Act, 1965

Regulations on Sick Leave

  • Employment Act, 1965
  • Minimum Wages and Conditions of Employment Act, 1982
  • 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)
  • Draft Constitution of the Republic of Zambia, 2012
  • Workers' Compensation Act (No. 10 of 1999)
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