Many employers are under the impression that if an employee has any leave days to his credit from the previous leave cycle, then this provision means that the employee must take that leave within six months of the end of the cycle.
Public holidays falling during a period of annual leave. Employees are entitled to 21 days of paid annual leave, though they must wait six months before taking their first day off. The maternity leave should commence one month before the expected date of birth of the child, and that the mother may not return to work for six weeks after the birth of the child. Unpaid leave is referred to in the Act only in terms of what the employer is entitled to do when an employee’s sick leave or annual leave has been exhausted - the employer may then allow (or require) the employee to take unpaid leave. Unpaid leave is referred to in the Act only in terms of what the employer is entitled to do when an employee’s sick leave or annual leave has been exhausted - the employer may then allow (or require) the employee to take unpaid leave. This means for example, that if an employee is on annual leave, and he falls ill during that period of annual leave, he can visit the doctor and if the doctor certifies that he is unfit for work for a certain period of time, then upon that employees return to work from annual leave he can hand the medical certificate to the employer, and the employer must credit that employee’s annual leave with the number of days sick leave, and debit the employee's sick leave.
Any sick leave remaining to the credit of the employee upon termination of the employment agreement by either party, is forfeited and the employee is not entitled to receive any payment for any sick leave days outstanding to the employee's credit. The leave accrues at the rate of one hour for every 17 hours worked, or one day for every 17 days worked, or 1,25 days per month, the total permitted minimum being 15 working days per annum on full pay in each annual leave cycle or in each of period of 12 months calculated with from the date of employment. Very simply, in labour legislation there is no such thing as study leave - it does not exist.Therefore, if the employee has such a requirement, he must apply for paid annual leave in accordance with the employer's annual leave policy.
Private employees have between a minimum of 14 paid days to 28 paid days (including holidays and weekends). Every employer should have in place a Company Annual Leave Policy. One employee went on leave from the 1st December 2003 to the 31st December 2003.
Or is it forfeited? The employer was entitled to stipulate that the carried over annual leave may not be combined with annual leave accumulated during the next leave cycle.
2. ANNUAL LEAVE – BASIC CONDITIONS OF EMPLOYMENT ACT. The Act refers to 21 consecutive days and if you check the calendar you will see that if the employee works a five-day week, then 21 consecutive days is 15 working days. A self-titled film buff in his spare time, Guillermo loves nothing more than enjoying a good movie. Males make up 69 per cent of the total leave owed, averaging 22 days each, while female workers account for are an average 18 days. Note that the provisions for annual leave do not apply to employees who work less than 24 hours per month for an employer.
“What’s more, 80 per cent are planning to take a trip in the next 12 months. The employer may not require (force) or permit (allow) an employee to take annual leave during any other period of leave to which the employee is entitled.
The article needs to be understood under the operational policy of the company, the article itself is talking about annual leave as 21 calendar days minimum and not less than this . However, there is no provision in the Act that allows an employee to demand that he/she be permitted to take unpaid leave. This policy should clearly lay down the employer's rules and regulations regarding annual leave.
I have told my employer I want to take my leave in my period of notice but he refuses. If the employee, for example, uses up all his available sick leave in month number 8 of the cycle, then he has no sick leave left until the commencement of the next cycle. Family responsibility leave may not be claimed for any reason other than the reasons stated above. This also means that if an employee has sick leave days available to his credit, the employer cannot force the employee, nor can he allow the employee, to utilise annual leave instead of taking sick leave. And thus, in effect, the Act is stating to the employee the following: “ We will pay you interest on the number of days you work ,in the form of annual leave, or allowing you to take off a certain number of days in exchange for days worked. In other words, the employer cannot continually refuse requests for leave made by that employee by continually stating that "we need you", or "we cannot afford to let you go leave.”. This amount can be used by the employee at any time during the next 2 ½ years, or three years, as the case may be, but when it is all used up then of course the employee has no further sick leave available until the start of the next 3 year cycle. However, there is no provision in the Act that allows an employee. Annual leave is requested and considered. The employee therefore can “amass” or accumulate his accrued leave days. Considering the volume of annual leave between them, this represents a great opportunity for destination marketers and tourism operators to target these people and offer suggestions on how and where to spend their leave!”.
The employer may not force and employee to take annual leave during any period of notice, and the employee is prohibited from taking annual leave during any period of notice. These periods may be varied upon written permission from a doctor or midwife. To "accumulate" means to “ heap up by degrees” or to “amass” a quantity of something.
There is no provision in the BCEA which entitles an employee to take unpaid leave. The entitlement is 21 consecutive days annual leave on full remuneration, in respect of each annual leave cycle, and if an employee works a five-day week then this is equal to 15 working days, or if the employee works a six-day week then it is equal to 18 working days.
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