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If you've denied Loyiso's annual leave for operational requirements, do THIS so you don't find yourself on the wrong side of the BCEA

by , 12 November 2014
Loyiso is your project manager.

He's been working on a very important project for your company and deadlines are tight.

Despite all this, he asks for annual leave.

You turn down his leave request for operational reasons especially since he's heading the project and must see it through.

While you're well within your rights to do this, there's one thing you must do.

Read on to find out what it is so you don't find yourself on the wrong side of the Basic Conditions of Employment Act (BCEA).


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Just because you've denied Loyiso's annual leave for operational requirements doesn't mean it's the end of the matter

 
If you've denied Loyiso's leave for operational requirements, you MUST reschedule his annual leave for another time – still within the 18 month window allocated in law.
 
As an employer, you're responsible for ensuring your employees go on annual leave within the agreed timeframes. You have to allow your employees to take annual leave within an 18 month period. You can't deny them leave or pay them out for it.
 
So, if Loyiso requests leave three months later because you denied it previously due to operational reasons, you must grant his leave request. If you don't, you risk being in breach of the provisions of the BCEA.
 
The bottom line: Turning down an employee's annual leave request for operational requirements doesn't mean it's case closed. You must still ensure your employee goes on leave within the allotted, defined timeframes.
 
PS: For more information on annual leave, check out The Ultimate Guide to Annual Leave.

Alternatively, direct any queries you have about annual leave to our experts at the Labour & HR Club.

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