When it comes to annual leave, it's important that you stick to what the Basic Conditions of Employment Act (BCEA)
says you must do.
So what does the BCEA say about an employee taking leave during their notice period?
In terms of the BCEA
, your employee can't take annual leave in his notice period.
This means you can't require or permit your employee to take annual leave during any period of notice of termination of employment.
You must pay him out for their accrued leave on termination.
The Labour Law for Managers Loose Leaf Service gives you an example of how to handle an employee who requests annual leave during his notice period:
Let's says one of your employees resigns in the month of her final exams. She forfeits her study leave days and wants to take annual leave instead.
Is she entitled to take annual leave or unpaid leave during her notice period? Would you be in breach of the BCEA
if you denied her request for annual or unpaid leave?
No, you wouldn't be in breach of the BCEA
if you denied her request. You can't require or permit your employee to take annual leave during any period of notice of termination of employment.
And while you'd be in breach of the BCEA
if you allowed her to take annual leave, t nothing prevents you from allowing her to take unpaid leave during the notice period.
Now that you know what to do when an employee asks for leave during his notice period, make sure you comply with the BCEA.
An ineffective leave policy could cripple your business from right under your nose
Did you know that not forcing your employees to take their annual leave could end up costing you anything up to R15,000 per employee?
That's right - employees that don't take leave could be costing you just as much as those that abuse it.
That's because any leave that's accrued into the following financial year will increase the leave bill for your company and therefore severely affect your organisation in the long run.
That's why I'm excited to introduce you to a resource that completely takes the stress and confusion out of managing annual leave in your company. A resource that will:
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Help you create a water-tight leave policy,
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Give you step-by-step instructions on managing annual leave effectively,
Is 100% legally compliant,
And gives you tips and tools to save you the most time and money…