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Three answers to the most common questions about annual leave to keep you out of the CCMA!

by , 05 October 2016
Three answers to the most common questions about annual leave to keep you out of the CCMA!As a manager or business owner, I know you've been dealing with employee's leave issues for a long time. And you probably know everything there is to know about leave.

Right?

Well, if I look at the questions I get every day, it seems a lot of employers still don't deal with leave correctly. And because of this, they end up at the CCMA.

So I want you to keep reading below to see three common questions and answers about leave to help you manage leave correctly so you don't end up at the CCMA.
 


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:
  • Help you create a water-tight leave policy,
  • Help you know your rights and responsibilities,
  • 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…



Three common questions about annual leave answered...

1. If my employee can't get to work, is it paid or unpaid leave?
One of my employees wasn't at work on Monday. She said she didn't have any transport. Do I have to give her paid leave or not?

Answer:
You're not obliged to pay this employee as she didn't work. But, if you're going to debit the employee's annual leave entitlement you must pay the employee for annual leave. If not, you can make her take unpaid leave.

It's a good idea to advise her that a lack of transport isn't a valid reason for non-attendance at work and that the onus is on her to ensure that she's at work during normal work hours.


2. Can my employee take annual leave when he's resigned?
One of my employees resigned in the month of her final exams. She wants to forfeit her study leave days and take annual leave instead. Is she entitled to take annual leave during her notice period? Would we be in breach of the BCEA if I denied her request for annual or unpaid leave?

Answer:
No, you wouldn't be in breach of the BCEA if you denied her request (Section 20(5) of the BCEA). You can't require or allow your employee to take annual leave during any period of notice of termination of employment. You'd be in breach of the BCEA if you allowed her to take annual leave.

But, there's nothing that prevents you from allowing her to take unpaid leave during the notice period.

Keep reading for another commonly asked question...

 


Special report: Employees always sick - How to stop it today

We'll also show you how to:
  • Implement a sick leave policy;
  • Answer questions about sick leave;
  • How to implement other leave policies;
  • And more.

ThLabour Law for Managers Service will help you deal with any, and all, types of leave.
 


3. Can we deduct  leave pay for loan repayments?
Some of our staff members borrowed money from the company. They're now battling to pay it back and keep on asking for more time to repay the loan. Can we convert their leave pay as payment for the loans?

Answer:
You can't pay employees instead of granting them annual leave unless you terminate their employment.

You can let your employees go on leave, but instead of paying them in full for the days off, you can deduct some of the debt from their remuneration. To do so, you must still comply with Section 34 of the BCEA, including the provision that total deductions may not exceed 25% of remuneration.



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