The Basic Conditions of Employment Act (BCEA) regulates annual leave in South Africa. The BCEA provisions for annual leave do not apply to employees who work fewer than 24 hours per month for an employer. Additionally, these provisions do not cover any leave granted beyond the BCEA's stipulated entitlements. The BCEA’s annual leave provision accrues [...]
According to Section 27 of the BCEA, family responsibility leave is available to employees who have been with the same employer for more than four months and work more than four days per week. This leave can be taken when an employee's child is born, when the employee's child is sick, or in the event [...]
From time to time, shortly after an employee returns from their annual leave, they furnish their employer with a medical certificate stating that they spent a period of their leave being sick. The question is, how does an employer deal with this situation going forward? Section 22(1) to 22(4) of the Basic Conditions of Employment [...]
Until recently, there has been great uncertainty regarding forfeiture of accumulated leave, and employers and employees have often asked questions in this regard. This has led to countless disputes referred to the CCMA. The Basic Conditions of Employment Act 75 of 1997 (BCEA), refers to "statutory annual leave" and provisions for one (1) day of [...]
While many employers will experience their busiest period of the year in the lead-up to, or during, the festive season, other employers will instead take the opportunity to close their businesses for a few days. Given the recent discovery of the new COVID-19 variant in South Africa, some employers may also be reconsidering their business [...]
As the festive season fast approaches it is important that employers are fully informed of all issues relating to annual leave. Issues surrounding annual leave tend to become more common during this time. The conclusion of an employment contract creates reciprocal rights and obligations between employer and employee and the parties to an employment [...]