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Understanding the types of leave by Mihlali Ncukana
THE BASIC CONDITIONS OF EMPLOYMENT ACT, NO. 75 of 1997 (BCEA), determines the conditions applicable to staff leave. This article describes the types of leave applicable to employees.
Annual leave Every employee who works more than 24 hours per month, is entitled to annual leave. The BCEA determines the minimum number of days per annum, namely, 21 days. This leave must be with full pay. The BCEA stipulates that annual leave must be taken not later than six months after the end of the year. The employer cannot force an employee to take annual leave when another type of leave is applicable (for example, family responsibility leave cannot be regarded as annual leave). If an employee’s leave falls on a Public Holiday, and the employee would not have ordinarily worked on that Public Holiday, then the employer 48
| UWC CAREER UPDATE 2020
must give the employee an extra day’s paid leave for that Public Holiday.
Sick leave An employee who works 5 days a week is entitled to thirty (30) days paid sick leave in every 3 year cycle. During your first six months of employment, you cannot take all 30 days of leave. Rather you are entitled to one (1) day sick leave for every 26 days worked. If an employee is on sick leave for longer than which they qualify, the employer does not have to pay the employee for the extra days taken. Any sick leave not taken during the cycle falls away. If an employee is absent from work for longer than 2 consecutive days or on more than two occasions during an 8-week period, then the employer is entitled to ask the employee for a medical certificate from a
