WHAT ARE EMPLOYEE LEAVE RIGHTS UNDER THE BCEA?

By Teboho Sekhosana

 WHAT ARE EMPLOYEE "LEAVE" RIGHTS UNDER THE BASIC CONDITIONS OF EMPLOYMENT ACT?


1. Annual Leave

   (a) Application: The rules in this chapter generally do not apply to employees who work less than 24 hours a month for an employer, unless specifies otherwise by agreement.

   (b) Annual Leave Cycle : This is defined as a 12 - month period of employment with the same employer, immediately following the employee's date of employment.

   (c) Entitlement : An employee is entitled to 21 consecutive days of paid annual leave per annual leave cycle. 

       . Note: By agreement, this 21- day entitlement can be reduced to 15 working days.

   (d) Taking Leave: Annual leave must be taken at a time mutually agreed upon between the employer and employee.

   (e) Payment on termination: If employment is terminated, an employer must pay the employee for any accrued, untaken leave. This payment is calculated based on the employee's rate of remuneration for the period of the annual leave.


2. Sick Leave

   (a) Sick Leave Cycle: This is defined as a period of 36 months(three years) of employment following the employee's date of employment.

   (b) Entitlement : During every sick leave cycle, an employee is entitled to a total of number of paid sick leave days equal to the number of days the employee would normally work during a 6- week period.

      . For Example: if an employee works five days a week, they are entitled to 30 days of paid sick leave over the three-year cycle(5 days/week x 6 weeks= 30 days)

   (c) New employees: During the first six months of employment, an employee is entitled to one day of paid sick leave for every 26 days worked.


By

Teboho Sekhosana

Director at SEKHOSANA TT LABOUR CONSULTANCY

084 436 1494  / 063 039 4468

sekhosanattlabourconsultancyla@gmail.com

My name is Teboho Sekhosana I'm an ex Numsa Shopsteward trained in Grievance and Case Handling. Political activists who has had a privilege to spend time in South America(Venezuela)

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