FAQ – Can an employee claim sick leave when a spouse tested positive for COVID-19?
This article assumes that the employee does not exhibit any COVID-19 symptoms.
Sick leave is regulated by the Basic Conditions of Employment Act (BCEA). According to the BCEA, an employee is entitled to sick leave when the “employee was unable to work for the duration of the employee’s absence on account of sickness or injury”.
The BCEA clearly does not include an employee whose spouse tests positive for COVID-19 as a valid reason for taking sick leave.
In the current situation with the world battling the pandemic many employers are rightly being cautious and are encouraging employees who may have been exposed to COVID-19 to remain home and not to come to work. If the employee can work from home, they should be allowed to do so and employers should pay the employee their normal wage.
If the employee cannot work from home employers should consider the following discretionary options:
• Allowing the employee to take available paid annual leave during the period of absence;
• Alternatively, allowing the employee to take paid sick leave during the period of absence;
• Alternatively, allowing the employee to take unpaid leave during the period of absence;
It is important to carefully consider where the instruction/request for the employee not to come to work originated as well as where the employee’s exposure to COVID-19 happened.
Where the employee’s absence is due to the employer’s instruction or policy the employer will have a higher responsibility to ensure that the employee is compensated during his absence.
Where the employee’s exposure to COVID-19 happened at the workplace or during the execution of his duties the employer will also have a higher responsibility to ensure that the employee is compensated during his absence.
Each situation must be judged on its own set of circumstances and merits.
Employers are advised to contact their nearest SEESA office for advice specific to their circumstances should they encounter this situation in their workplaces.
To find out how SEESA can help your business visit our website for more:
https://bit.ly/3nUH4D
POPIA compliance in 2026: the basics every business still gets wrong
Even years after POPIA came into full effect, the same compliance gaps continue to surface across different industries. Many businesses believe they are POPIA compliant until a complaint, audit, or data breach proves otherwise.
Here are some of the most basic POPIA mistakes we still see:
- Information Officers appointed “on paper only”.
The Information Officer is registered on the Information Regulators e-Services portal, but there is no real understanding of the role, no internal authority, and no ongoing oversight of compliance activities.
- Outdated or generic privacy notices
Outdated or generic privacy notices often misrepresent actual processing activities in the company.
- No POPIA training beyond management
POPIA compliance is treated as a legal or HR issue, while frontline employees, who handle personal information daily, receive little or no training.
- Assuming IT equals POPIA compliance
Strong IT systems alone are not enough. POPIA also requires policies, procedures, access controls, and human behaviour management.
- Weak access control and data minimisation
Employees often have access to personal information they do not need, increasing the risk of internal breaches and unauthorised disclosure.
- No clear process for data subject requests
Businesses struggle to respond within reasonable timeframes because there is no documented procedure for handling requests.
- Not reporting data breaches to the Information Regulator
Many organisations do not fully understand what constitutes a data breach under POPIA or how to report it. As a result, breaches are often ignored or being overlooked entirely.
- Failure to review and update data processing agreements with Operators
While operators are identified, many businesses fail to put proper data processing agreements in place or to review them regularly.
- Treating POPIA as a once-off exercise
Compliance is viewed as a project with an end date, rather than an ongoing process requiring regular review, updates, and monitoring.
POPIA compliance is about awareness, accountability, and continuous improvement. Identifying and fixing these common gaps is often the first step towards meaningful compliance.
