All You Need to Know About Leave

Annual Leave Entitlement

According to the Act, annual leave provisions do not apply to employees working less than 24 hours per month for an employer. Additionally, these provisions do not apply to leave exceeding the BCEA entitlement. An annual leave cycle is a 12-month period with the same employer, starting from the employee’s employment commencement or the completion of the previous leave cycle. The entitlement is 21 consecutive days of annual leave on full remuneration for each cycle. For a five-day week, it equals 15 working days; for a six-day week, it’s 18 working days.

Accrual Calculation
Annual leave accrues at a rate of 1.25 days per month for a five-day week and 1.5 days per month for a six-day week. An alternative accrual method allows calculation based on one hour for every 17 hours worked, or one day for every 17 days worked, with employee agreement. Without an agreement, the standard accrual rates of 1.25 or 1.5 days per month apply.

Public Holidays During Annual Leave
If a public holiday falls on a day an employee would ordinarily work during annual leave, they are entitled to an additional day of annual leave for each such public holiday.

Annual Leave Usage
Employees can take accumulated leave consecutively. Unused leave automatically carries over to the next cycle unless an agreement states otherwise. If leave remains unused for six months into a new cycle, the employee can demand to take it, and the employer cannot refuse.

Forced Annual Leave
The employer is obliged to grant forced annual leave only if the carried-over leave from the previous cycle remains unused six months into the new cycle.

Annual Leave During Notice Period
Annual leave cannot be forced or taken during a notice period by either the employer or employee. Agreement on leave timing is required, and if none exists, the employer’s preference prevails.

Cash Exchange for Annual Leave
Payment for annual leave is prohibited except upon termination of employment.

Annual Leave and Shutdown
During a December shutdown, employers can mandate that annual leave coincides with this period. Using annual leave at other times treats the shutdown period as unpaid leave.

Sick Leave Entitlement
Sick leave entitlement is the number of days an employee would normally work in a six-week period over a three-year cycle. It is not fixed at 10 days per year but accumulates to 30 days over three years. During the first six months of employment, the accrual rate is 1 day for every 26 days worked.

Medical Certificates
For absences exceeding two consecutive days, a medical certificate from a certified practitioner is required. Absence on specific days does not warrant a medical certificate unless frequent absences occur.

Injury on Duty and Sick Leave
Absence due to an accident or occupational disease, as defined by the Compensation for Occupational Injuries and Diseases Act, is not deducted from sick leave unless no compensation is payable.

Maternity Leave Entitlement
Maternity leave is for four months, starting one month before the expected birth. The mother cannot return to work for six weeks after birth. Notification to the employer must be in writing, four weeks before leave commencement. The employer must keep the job open, and no dismissal related to pregnancy is allowed.

Family Responsibility Leave
Three days of full-pay family responsibility leave per year are available to employees working for more than four months, over four days per week. It can be used for various family-related reasons, and any unused allowance at the year-end is forfeited.

Unpaid Leave
The BCEA does not provide for unpaid leave, but employers can allow or require unpaid leave when sick or annual leave is exhausted.

Study Leave
Labor legislation does not recognize study leave; employees needing time off for study must apply for paid annual leave following the employer’s policy.