Sick leave cycle length

I am employed by a manufacturing company as an accountant. Last year I fell sick and was given paid sick leave for 126 days; 63 days were fully paid and 63 days were half paid. I have fallen sick again this year and my doctor has recommended that I should take another long sick leave. I have made an application for a sick leave but the Human Resources Manager informs me that I may be granted the leave but it will be unpaid leave because I got paid sick leave just last year and thus not eligible this year. Is this position of the HR Manager fair and consistent with the law?
FM, Morogoro

Section 32 of the Employment and Labour Relations Act [Cap.336 R.E 2019] gives an employee a right to a paid sick leave for at least 126 days in any leave cycle. In the first 63 days the employee is entitled to a fully paid wage during sick leave. In the second 63 days the employee is entitled to half paid sick leave.

Section 30(1)(b)(ii)(aa)(bb) of the Employment and Labour Relations Act defines sick leave cycle as a period of 36 months of consecutive employment with an employer commencing from the date of employee’s engagement or the completion of the last sick leave. This restriction is only for paid sick leave. The employer has discretion to permit an employee to take sick leave before the expiration of 36 months from the date of his/her engagement or before the completion of the last employee’s paid sick leave provided that the employee cannot demand to be paid salary during sick leave taken before the expiration of 36 months. Paid sick leave before the expiration 36 months may only be taken where the employer and the employee or the employer and a trade union have signed a contract or arrangement that provides for a shorter period of sick leave than 36 months provided under the law.

In your case, since you are intending to take a second sick leave before expiry of the 36 months, your second sick leave that you have applied for now is not eligible to pay. Subject to approval of your employer, you may take leave but it will be unpaid. The position of your HR Manager is correct.