CAN your boss force you to take leave?
After receiving an email to all staff members about annual leave over December, Butholezwe was upset because his employer wanted to force him to take his annual leave when the company closed.
Butholezwe works in the corporate industry and thinks he should be able to decide when he wants to take his annual leave.
And as such, he feels he can’t be forced to take it when the company closes.
As a Scorpion Legal Protection member, Butholezwe decided to get legal advice.
What does the law say?
Many companies close over December and the employer has the right to stipulate that annual leave should be taken during this time.
If an employee doesn’t have any annual leave left, it will be unpaid leave.
Section 20 (9) of the Basic Conditions of Employment Act 75 of 1997 (BCEA) states that an employer may not require or allow an employee to work for the employer during any period of annual leave.
The employer should ensure that contracts of employment and agreements meet the requirements for this period.
If employers want employees to take leave during December, it should be in their contracts. This won’t apply to employees who work less than 24 hours per month and domestic workers.
How does it work?
The law states that annual leave accrues to an employee at the rate of one hour for every 17 hours worked, or one day for every 17 days worked, or 1,25 days per month.
The total permitted minimum is 15 working days per annum on full pay in each annual leave cycle from the date of employment.
The Act says 21 consecutive days, and if you check the calendar, you’ll see that if the employee works a
five-day week, then 21 consecutive days are 15 working days.
If an employee works a six-day week, they are also entitled to 21 consecutive days, which will be 18 working days on full pay.
It is important to note: The Act states that the accrual applies at the rate of one day for every 17 days on which the employee worked or was entitled to be paid.
The way forward
Scorpion members can get cover on such cases, depending on their chosen policy.
You can strike back legally too!
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