Many South Africans tend to take annual leave at the end of the year. This is usually because they have families and it’s a long holiday that can be spent together, or their place of work closes over Christmas and New Year and it’s compulsory to take leave. If you don’t have any annual leave due to you, you will be forced to take unpaid leave during this time.

Find out more about how annual leave works in South Africa.

Who Is Eligible For Annual Leave?

If you work less than 24 hours per month for an employer, you are not entitled to annual leave. The employer can decide if he or she wants to grant you leave, but this is up to them. If you work more than 24 hours per month you are entitled to the standard annual leave as stipulated in The Basic Conditions of Employment Act.

What Is The Minimum Annual Leave Offered?

The Act stipulates that every employee is eligible for 21 consecutive days of leave per year. Depending on how many days a week you work, your annual allowance will differ. Whatever number of working days fits into the 21 consecutive days is your annual allowance.

For example, if you work five days per week, you will receive 15 working days of leave. If you add the weekends to each week, you get 21 consecutive days in total. If you work a six-day week, you will receive 18 days of annual leave. Adding the additional day off per week results in 21 consecutive days of leave per year.

You can calculate your monthly leave accrued by using the following measure:

• If you work a five-day-week, you earn 1,25 days of annual leave per month
• If you work a six-day-week, you earn 1,5 days of annual leave per month
• Alternatively, you earn 1 hour of annual leave for every 17 hours worked. This method of accrual is only applicable where both the employee and employer have agreed on it

What Amount Is Paid For Leave Days?

Your annual leave is paid at your full salary rate. Whatever days are used from your annual leave will be paid in full as normal. If you take days over and above your annual leave, you are not entitled to payment for these days. You will either go into negative leave, or the amount for the additional days can be deducted from your salary.

When To Take Annual Leave

Each annual leave cycle is 12 months, with the commencement date varying per business. Each employee is entitled to take their leave within that annual leave timeframe. If after the full leave cycle, you haven’t been granted leave, it will be carried over into the next annual leave cycle. If, after six months into the next leave cycle, you still haven’t been granted leave, you may insist on leave and take it without approval from your employer. This is as per Section 20 (4) of The Basic Conditions Of Employment Act.

If the company shuts down for December period, the employer can force employees to take their annual leave over this period. It’s important to ensure you have annual leave banked for this shutdown as you will have to take unpaid leave if you don’t have any annual leave owing to you.

Public Holidays Or Sick Days Falling Into Annual Leave Period

Where a public holiday falls into your annual leave period, you are entitled to an additional day. Public holidays do not count as annual leave and are free for all employees to take.

If you fall ill during your annual leave and your doctor can validate this, you can retrieve some of your annual leave days back on your return to work. For example: if your doctor books you off for three sick days during your annual leave period, on your return to work, you can present the doctor’s certificate to retrieve those three days from your annual leave and have them exchanged for sick days.

Resources: https://www.labourguide.co.za/

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