Government Gazette
Part1:
D. Leave |
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21. ANNUAL LEAVE
Unless otherwise specivied in the relevant Annexures in Part 2 of this Agreement—
21.1 in this part, "annnual leave cycle" means the period of 12 months' employment with the same employer immediately following—
21.1.1 an employee's commencement of employment; or
21.1.2 the completion of that employee's prior leave cycle;
21.2 an employer must grant an employee at least—
21.2.1 21 consecutive days' annual leave on full remuneration in respect of each annual leave cycle; or
21.2.2 by agreement, one day of annual leave on full remuneration for every 17 days on which the employee worked or was entitled to be paid;
21.2.3 by agreement, one hour of annual leave on full remuneration for every 17 hours on which the employee worked or was entitled to be paid;
21.3 an employee is entitled to take leave accumulated in an annual leave cycle in terms of clause 21.2 on consecutive days;
21.4 an employer must grant annual leave not later than six months after the end of the annual leave'cycle;
21.5 an employer may not require or permit an employee to take annual leave during—
21.5.1 any other period of leave to which the employee is entitled, or
21.5.2 any period of notice of termination of employment;
21.6 notwithstanding clause 21.5, an employer must permit an employee, at the employee's written request, to take leave during a period of unpaid leave;
21.7 an employer may reduce an employee's entitlement to annual leave by the number of days of occasional leave on full remuneration granted to the employee at the employee's request in that leave cycle;
21.8 an employer must grant an employee an additional day of paid leave If a public holiday falls on a day during an employee's annual leave on which the employee would ordinarily have worked;
21.9 an employer may not require or permit an employee to work for the employer during any period of annual leave;
21.10 annual leave must be taken—
21.10.1 in accordance with an agreement between the employer and employee; or
21.10.2 if there is no agreement in terms of clause 21.10.1, at a time determined by the employer in accordance with this section;
21.11 an employer may not pay an employee instead of granting paid leave in terms of this section except—
21.11.1 on termination of employment; or
21.11.2 in accordance with section 40 (b) and (c) of the Basic Conditions of Employment Act, No. 75 of 1997.
22. SICK LEAVE
Unless otherwise specified in the relevant Annexures in Part 2 of this Agreement—
22.1 in this clause "sick leave cycle" means the period of 36 months' employment with the same employer immediately following—
22.1.1 an employee's commencement of employment; or
22.1.2 the completion of that employee's prior sick leave cycle;
22.2 during every sick-leave cycle, an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks, and notwithstanding clause 22.2 during the first six months of employment, an employee is entitled to one day's paid sick leave for every 26 days worked;
22.3 an employer must pay an employee the employee's basic daily wage for each day that the employee is entitled to paid sick leave;
22.4 an employer is not required to pay sick leave—
22.4.1 to an employee if both the employer and the employee have made a contribution to a fund or organisation that has guaranteed to pay the employee moneys in lieu of wages during times of incapacity;
22.4.2 to an employee who has been absent from work for longer than two days and has not produced a medical certificate stating the nature and duration of the sickness;
22.4.3 to an employee who has been absent from work for less than two days on more than two occasions in an eight-week period.
23. MATERNITY LEAVE
Unless othenvise specified in the relevant Annexures in Part 2 of this Agreement—
23.1 subject to the provisions of this Agreement, a female employee who has continuously worked for the same employer for not less than one completed year as and when she commences her maternity leave will be entitled to maternity leave not exceeding six months for any one pregnancy;
23.2 such employee must, at least four weeks before commencement, notify her employer in writing of the date she intends to commence maternity leave, and the date she intends to return to work;
23.3 during the period of maternity leave all terms and conditions of employment under the employment contract will be suspended, except that—
23.3.1 where there is compliance with clause 23.1, service will be regarded as uninterrupted;
23.3.2 the employee will be entitled to receive a maternity benefit in accordance with this Agreement;
23.3.3 any annual leave due to the employee must be taken as part of the maternity leave;
23.4 at the end of the period of maternity leave the employee will be entitled to resume work with the employer in a position at least identical or similar to, but not less favourable than, the one held prior to taking maternity leave;
23.5 a pregnant employee may commence maternity leave at any time from four weeks prior to her expected date of confinement, but may not work for six weeks after the birth of her child, unless it is certified by a medical practitioner that she is fit to do so;
23.6 employers must pay employees 33% of their basic weekly wage for four months and the remaining two months are to be unpaid;
23.7 each employer must guarantee the re-employment of the employee after the expiry of the maternity leave unless she has been selected for retrenchment on criteria agreed to between the employer and the trade union party to this Agreement;
23.8 the employer may hire an employee on a temporary basis to fill the employee's post until the employee returns and the trade union will not challenge the fairness of the termination of service of the temporary employee as a consequence of wat is laid down in this section.
24. FAMILY RESPONSIBILITY LEAVE
Unless othenwise specified in the relevant Annexures in Part 2 of this Agreement—
24.1 An employer must grant an employee, during each annual leave cycle, at the request of the employee, three days paid family responsibility leave, subject to—
24.1.1 notification of the birth of the employee's child or that the child is sick; and
24.1.1.1 submission of satisfactory proof of birth in the form of a birth certificate; or of the child's sickness; and
24.1.1.2 such leave for birth being taken at or around the time of the birth of the child, and in any event within one month of the birth;
24.1.2 in the event of death—
24.1.2.1 the death of an immediate family member (defined as own child/brother/sister/ spouse/life partner/grandchild/parent or grandparent, including adoptive parent or child); and
24.1.2.2 submission of satisfactory proof of death in the form of a death certificate; and
24.1.2.3 such leave being taken at or around the time of death of the family member, and in any event within one month of the death;
24.2 family responsibility leave is not accumulative;
24.3 payment of any benefit claimed in terms of this clause may be made only after compliance with these provisions
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