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Is Jack entitled to an extra day's leave if a public holiday falls on a Saturday?

by , 24 November 2014
Jack, your permanent employee, has taken annual leave for the period of 22 to 31 December. That's a total of eight days leave.

But what if a public holiday fell on a Saturday during his leave? And Jack demands that you give him an extra day's leave or he'll report you to the CCMA for unfair labour practice.

Would you give Jack the extra day's leave and can he report you for unfair labour practice if you don't?

Keep reading below to find the answer...

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The answer is NO! You don't have to grant Jack an extra day's leave.
 
You must grant your employees an additional day of paid annual leave if a public holiday falls on a day during an employee's annual leave and if the employee would ordinarily have worked on that day (Chapter 3 of the BCEA).
 
Therefore, if the public holiday falls on a Saturday, the employee wouldn't be granted an extra day's leave.
 
Remember: You must pay your employees during the period of leave. Annual leave pay is calculated at the employee's normal rate of remuneration immediately before the beginning of the annual leave period.
 
Remuneration includes more than just the employee's salary. It includes other payments such as commissions, certain allowances and other amounts. In short, your employee may not be paid less just because he's taken leave.

P.S. Click here to find out more on managing annual leave in your company.

 


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