Understanding your leave

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 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 fi rst 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 certifi cate from a

registered practitioner including traditional healers. This certifi cate must clearly set out the reasons why the employee was unable to work and the dates that the employee could not work. If the employee does not or cannot produce a medical certifi cate as set out above, then the employer does not have to pay the employee for the days off .

Maternity leave The Act determines that an employee is entitled to at least four consecutive months of maternity leave. The timing of maternity leave is as follows:

• Any time from four weeks before the expected date of birth; • At a date which a medical practitioner or midwife has certifi ed; • Not before six weeks after the birth of the child; • If the employee has a miscarriage or bears a stillborn child, then the employee can still take six weeks maternity leave.

Paternity leave An employee, who is a parent of a child is entitled to 10 consecutive days of parental leave. They are entitled to take this leave:

• on the fi rst occurring date between the date the child is born; • the date an adoption order is granted; • the date that a child is placed in the care of a prospective adoptive parent by a competent court, pending the fi nalisation of an adoption order.

Family responsibility leave Employees are entitled to family responsibility leave if they have been in the employ of the same employer for longer than four months and work for at least four days a week. During each annual leave cycle, the employee is entitled to three (3) days paid family responsibility leave for:

• When the child of the employee is sick or • When the employee’s spouse or life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sister or brother dies.

Adoption leave An employee who becomes the parent of an adopted child below the age of two (2) years of age will be entitled to the same benefi ts as other employees who become biological parents.

Study leave Although the BCEA does not make provision for study leave, an employer could grant employees two days study leave per subject per annum with a maximum of no more than 10 days per annum. Any additional leave required for study purposes will have to be taken as unpaid leave.

Leave for religious holidays The BCEA does not regulate leave for religious holidays. Should an employee wish to take leave for the purpose of religious holidays other than an offi cial public holiday, then the employee must take paid annual leave or unpaid leave.

Special leave

Special leave is an arrangement granted to an employee who needs to be absent from work but does not qualify under other types of leave. CU

References

• Republic of South Africa. (1998). Basic conditions of

Employment Act. • University of the Western Cape. (2018). HR Policy

Document Administrative and Support Leave