Can your employee take annual leave in his notice period?
Employers have a lot of questions regarding annual leave. One of these questions is whether or not employees are allowed to take annual leave during their notice period. Read on to find out what the law says...
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.