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South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)

Regulations

Regulations for the Staff of the Human Rights Commission, 1996

Chapter VI : Leave

15. Special leave with full pay

 

(1) Apart from any other leave provided for in these regulations, special leave of absence with full pay may be granted to a member of staff—
(a) for the period during which the member of staff is absent from duty owing to an injury sustained in an accident which occurred while in the service of the Commission, if the chief executive officer is of the opinion that the accident was not due to wilful misconduct on the part of the member of staff;
(b) subject to approval by the chief executive officer, for a number of days equal to the number of days on which a member of staff sits for examinations in respect of an appropriate field of study relevant to the functions of the Commission: Provided that such special leave shall be granted only during the period between the date on which the member of staff submitted his or her timetable for the examination concerned to the chief executive officer and the last day on which he or she sits the examination;
(c) subject to approval by the chief executive officer, for the days on which a member of staff sits for an examination in respect of an appropriate field of study relevant to the functions of the Commission;
(d) when a member of staff is absent from duty owing to isolation on medical instructions after he or she has been in contact with a person who contracted or presumably contracted an infectious disease: Provided that the granting of special leave with full pay in terms of this paragraph shall be subject to the submission of a certificate by a registered medical practitioner indicating the duration and the cause of the isolation;
(e) when a member of staff is detained or has to appear in court on a charge of an offence and that member is later acquitted or the charge withdrawn;
(f) when a member of staff is summonsed to appear in court as a witness in a criminal or civil court case; or
(g) if, in the opinion of the chief executive officer, sound reasons exist to grant special leave in the place of any other leave to a member of staff.

 

(2) When a member of staff is selected as participant, coach or manager by a recognised amateur sport association to—
(a) participate in a sport tour outside the Republic;
(b) represent the Republic at international sporting events within the Republic; or
(c) participate in a sport competition within the Republic in respect of an interprovincial competition or a competition at a level between provincial and national level, or a competition at a level lower than national level against international teams,

leave of absence shall be granted on the following basis:

(i) One working day's special leave with full pay for each working day's vacation leave with full pay for the period of absence: Provided that the leave granted shall be restricted to seven days' special leave and seven days' vacation leave per year.
(ii) Where only one day is at issue, the member of staff shall in turn take one day's vacation leave and on an ensuing occasion one day's special leave.
(iii) If the absence for sport purposes amounts to an unequal number of days, the member of staff shall take the majority of the number of days as vacation leave and the minority of the number of days as special leave.
(iv) If the member of staff has no vacation leave to his or her credit, the full period of absence shall be regarded as unpaid leave and no special leave shall be granted to him or her.