We all know that annual leave issues can be a minefield: There are a thousand different exceptions to a thousand different rules.
But The Ultimate Guide to Annual Leave
will help you sleep easy knowing you're doing everything correctly and legally.
You'll also get sample annual leave policy templates and step-by-step instructions on creating effective leave procedures.
Get your copy now…
Can you grant an employee his accumulated leave at the end of the leave cycle?
The answer is yes! Let me tell you why…
At the end of a leave cycle or 12-month period, the employee can request the full 15 working days' leave, or 21 consecutive days which he's accumulated for that leave cycle.
You must grant this request, within reasonable operational constraints, because the employee is entitled to the leave (Section 20(4) of the BCEA
If you don't grant the employee his leave, it will be unfair labour practice. And he can take you to the CCMA.
If you refuse to grant him his accumulated leave, you have to justify it in terms of operational requirements. You will still need to arrange alternative times for the leave to be taken, within the legal timeframes.
If the employee doesn't take his annual leave by the end of a leave cycle, and applies for his leave after the end of the leave cycle, you have no option but to grant the request.
You're responsible to make sure your employees go on leave within the allotted, defined timeframes.
Turn to chapter L09: Annual leave
of your Practical Guide to Human Resources Management to find out everything you need to know about managing leave in your company. If you don't have a copy yet, click here
Avoid paying penalties of up to R2.7 million or 10% of your turnover. Find out
how to draw up a legally compliant Employment Equity Plan now!