Many employees aren’t aware that they are legally entitled to leave days, as most employers make it seem like an option or even a favor.
The Law of RSA on Leave:
The Basic Conditions of Employment Act is applicable and binding to all employers and employees in the Republic of South Africa and its function is to set the minimum requirements and standards of leave, working hours, deductions, payslips, terminations, and employment contracts. It is important to note that members of the National Defence Force, National Intelligence Agency, South African Secret Service, and unpaid volunteers working for charities are exempt from this.
Annual Leave:
All workers are entitled to annual leave. Please read below to understand the requirements for you to qualify for annual leave:
- Employees who work for 24 hours or more a month for the same employer may take annual leave.
- Every employee is entitled to 21 consecutive days of annual leave on full pay in every leave cycle. This equates to 15 working days per year if you work a five-day week and 18 working days per year if you work a six-day week.
- A “leave cycle” means 12 months commencing from the first day of employment or commencing from the end of the previous leave cycle.
- Employers may not pay workers instead of granting leave, except on termination of employment.
- Public holidays are not counted as leave.
- Annual leave may only be taken in an agreement between you and your employer. In the absence of any such agreement, annual leave must be taken at a time to suit your employer. This means that an employer may have a policy stating that certain periods will be regarded as a shutdown period and all employees are required to take annual leave for this period of closure.
- Calculation of accrual of leave – 1,25 days per month or 1,5 days per month.
Sick Leave:
Sick leave is put in place to ensure that you do not report to work or even work whilst sick, this type of leave seeks to safeguard your wellbeing and health. During the first year of employment, you are entitled to one day’s paid sick leave for every 26 days worked. Please note that unused sick leave lapses after the sick leave cycle.
Get in touch with Manzankosi Corporate Legal Consultancy to find out the procedure to be followed in terms of applying for sick leave as well as the importance of medical certificates.
Family Responsibility Leave:
You qualify for this type of leave if you have worked for the employer for more than 4 months. As a result, you are entitled to 3 days of paid family responsibility leave.
You may apply for such leave when you have a newborn baby, your child is sick or there is death in the family.
Maternity Leave:
All female employees are entitled to 4 months maternity leave when they fall pregnant. Please note that the Law does not oblige your employer to pay you during those 4 months, however, you still remain entitled to 4 consecutive months of maternity leave.
Paternity Leave:
As an employee, you are entitled to 10 consecutive days of paternity leave.
Manzankosi Corporate Legal Consultancy is ready to ensure that you are granted all your specific leave days. We are ready to ensure that you are compensated for all your outstanding leave days if it occurs that your contract is terminated by your employer. Contact Manzankosi Corporate Legal Consultancy on info@manzankosiclc.co.za or 067 147 2323/081 712 1114.
