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Is your business experiencing a mass exodus? Here's what you need to know about notice periods and leave to avoid a CCMA case

by , 01 May 2014
An employee is entitled to annual leave, family leave, sick leave and maternity leave for women. But what happens to all that leave if they resign or if you dismiss them? Mistakes here could land you at the CCMA for violating the BCEA. Follow these rules to make sure you know exactly what to do when it comes to notice periods and leave.

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.

Here's what you need to know about leave and notice periods

It doesn't matter if your employee resigns or you've dismissed them, they'll have to fulfil their notice period before leaving. 
There are a few things that you need to remember about leave during this time:
1. You don't pay out for sick leave, family leave and maternity leave at the end of a notice period. 
2. An employee can take sick leave during their notice period. But expert on Labour and HR Club say this is only if it's due to them and they have a doctor's letter.
3. You have to pay an employee out for any annual leave owed to them that they haven't taken.
4. The BCEA states your employee can't take any annual leave during his notice period. If he asks for it, you're entitled to refuse it.
So those are the basics about leave and notice periods, but there is more to know about when a notice period can start...
Do your employees abuse their leave?

When does a notice period start

A notice period will normally start as soon as the resignation has been given in. The only time this isn't the case is when if the employee is on leave. 
Your employees notice period will only start when they're back from leave. However, if they're on extended sick leave and they resign because they're too sick to continue working, you may have to over look this rule.
Stick to these leave basics so that your leaving process is in line with the BCEA and you don't get into trouble. 

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