| 7.1 |
Every employer shall grant to every employee employed by him/her leave of absence with full pay as follows— |
| (a) |
15 (fifteen) consecutive working days in respect of each period of 12 (twelve) months employment with the employer, if such employee has not been in the continuous employ of the employer for a period of 10 (ten) or more than 10 (ten) years; and |
| (b) |
18 (eighteen) consecutive working days in respect of each period of 12 (twelve) months employment with the employer, if such employee has been in the employ of the employer for a continuous period of 10 (ten) or more than 10 (ten) years: Provided that once an employee has qualified for the right to get 24 (twenty-four) working days paid leave per annum, such right shall be retained by him/her in future irrespective of change of employer and length of service for subsequent employers: Provided further that in the case of an employee who served for a continuous period of 10 (ten) or more than 10 (ten) years with the same employer as a dental technician outside the Republic of South Africa, such period, as accepted by the Council, shall be taken into consideration in establishing whether such employee is entitled to 24 (twenty-four) working days paid leave. |
| 7.2 |
An employee may, at his/her request. be permitted to split and take his/her leave in shorter periods than those referred to in paragraphs (a) and (b) of sub-clause (1): Provided that at least 1 (one) period shall not be shorter than 2 (two) consecutive weeks. |
| 7.3 |
An employer may not require or permit an employee to take annual leave during— |
| (a) |
any other period of leave to which the employee is entitled in terms of this Schedule: Provided that an employer must permit an employee, at the employee's written request, to take leave during a period of unpaid leave. |
| (b) |
any period of notice of termination of employment. |
| 7.4 |
An employer must grant an employee an additional day of paid leave if a statutory public holiday fails on a day during an employee's annual leave on which the employee would ordinarily have worked. |
| 7.5 |
If the last working day before an employee goes on leave is a Friday, the first recorded day of his leave shall be the Monday following such Friday. |
| 7.6 |
Such leave as set out under sub-clause (1), shall be granted to the employee on a day to be fixed by the employer but not later than 4 (four) months after the termination of 12 (twelve) months of employment: Provided that if an employee has agreed thereto in writing before the expiry of the said period of four months, his/her employer may grant such leave to him/her as from a date not later than two months after the expiry of the said period of 4 (four) months. |
| 7.7 |
An employee who has been employed longer than 4 (four) months, and whose employment terminates during any period of 12 (twelve) months of employment, before the period of leave prescribed in sub-clause (1), in respect of that period has accrued, shall upon such termination and in addition to any other remuneration which may be due to him/her, be paid in respect of each completed month of such period of employment an amount of not less than— |
| (a) |
in the case of an employee referred to in sub–clause (1) (a), one fourth of the weekly salary he/she was receiving immediately before the date of such termination; and |
| (b) |
in the case of an employee referred to in sub-clause (1) (b), one third of the weekly salary he/she was receiving immediately before the date of such termination. |
| 7.8 |
An employer may make a proportionate deduction in respect of any days of leave granted to the employee with full pay before termination of employment: Provided that an employee— |
| (a) |
who leaves the employer's employment without having given and served the period of notice prescribed in clause 13, unless the employer has waived such notice; or |
| (b) |
who leaves the employer's employment without a cause recognised by law as sufficient; or |
| (c) |
who is dismissed by the employer without notice for any cause recognised by law as sufficient for such dismissal shall not be entitled to any payment by virtue of this sub-clause. |
| 7.9 |
An employee who has become entitled to a period of leave prescribed in sub-clause (1) read with sub-clause (8), and whose employment terminates before such leave has been granted, shall upon such termination be paid the amount he/she would have received in respect of the leave, had the leave been granted to him/her as at the termination. |
| 7.10 |
Any period during which an employee— |
| (a) |
is on leave in terms of sub-clause (1); or |
| (b) |
is absent from work on the instruction or at the request of the employer; or |
| (c) |
is absent on sick leave as prescribed in clause 8 of this Schedule or is absent on maternity leave as prescribed in clause 9 of this Schedule or absent in terms of the provisions contained in clause 10 of this Schedule, |
shall be deemed to be employment for the purpose of subclause (1) and (8).
| 7.11 |
Employees shall be entitled to leave on full pay on all statutory public holidays. |
| 7.12 |
For the purpose of this clause, employment shall be calculated from the date on which the employee last become entitled to annual leave on full pay, or the day of employment, whichever is the later, but not later than the date 1 (one) year prior to the coming into operation of this Schedule. |
7.13
| (a) |
At the written request of his/her employee an employer may permit an employee to accumulate up to 10 (ten) working days leave per year over a period of not more than 36 (thirty-six) months of employment: Provided— |
| (1) |
that the request is made by such employee not later than 4 (four) months after the expiry of the first period of 12 (twelve) months of employment to which the leave relates; and |
| (2) |
that the date of receipt of the request and the employer's signature are endorsed on the request and the employer shall retain the request at least until after the expiry of leave. |
| (b) |
Accumulated leave can be taken at any time as agreed upon between the employer and employee: Provided that leave accumulated over a period of 36 (thirty-six) months shall be granted within a period of 60 (sixty) days commencing from the date of expiry of the period of 36 (thirty-six) months. If such accumulated leave is not granted or taken as aforesaid, the employer shall upon the expiry of the said 60 (sixty) days pay to the employee an amount. to be determined in terms of sub-clause (8), in respect of such accumulated leave. |
| (c) |
If, upon termination of employment an employee has any accumulated leave to his/her credit the employer shall on the last working day of the employee, pay to such employee an amount to be determined in terms of sub-clause (8), in respect of such accumulated leave. |
| 7.14 |
An employee, whose sick leave, as prescribed by clause 8, becomes exhausted whilst being absent as a result of sickness, shall be allowed to extend his/her absence on full pay by taking any paid leave which have accrued up to the date on which his/her sick leave became exhausted: Provided that— |
| (a) |
a medical certificate is produced to his/her employer in respect of the extended absence; and |
| (b) |
any paid leave taken in this manner shall be offset from the total paid leave due to the employee. |
Stamp Duties Act, 1968 (Act 77 of 1968)
