Subject to the provisions of clause (8.3), an employer shall grant leave to employees (other than casual employees) in respect of each period of 12 months employment completed by them with such employer and according to their class of employment, as follows:
| (a) |
21 consecutive days leave in the case of an employee who normally works not more than 6 days in any week; |
| (b) |
28 consecutive days leave in the case of an employee with more than ten years service with the same employer. |
| (a) |
The leave specified in clause (8.1) above shall be granted to the Employee, and shall be taken by him, at a time to be fixed by the Employer; provided that: |
| (i) |
if such leave has not been granted earlier, it shall be granted and taken so as to commence within three months after completion of the 12 month employment period for which it is due; or |
| (ii) |
if agreed in writing between the employer and employee before such three month period has expired, the said leave may be granted by the employer and be taken by the employee, to commence within a further three month period, dating from the first such period ended. |
| (b) |
The period of leave shall not run concurrently with any period during which an employee is absent due to any of the following circumstances: |
| (i) |
sick leave in terms of Clause (9); |
| (ii) |
incapacity in the circumstances as set out in clause (9) thereafter, for any period amounting in total to not more than ten weeks in any 12 month period of employment; |
| (iii) |
being under notice of termination of employment, in terms of Clause (20); |
| (iv) |
undergoing military service. |
| (c) |
At the written request of the employee, the employer may offset against the annual leave period, any days of occasional leave which have been granted to such employee on full pay during the 12 month period of employment for which such annual leave is due. |
| 8.3 |
Payment of Part Leave on termination of service |
If the services of an employee terminate before such employee has completed any 12 month period of employment or become entitled to annual leave in terms of sub clause (8.1) above, the employer shall pay such employee in respect of leave entitlement (in addition to any other remuneration which may be due) on the following basis:
| (a) |
An amount of not less than one fourth or one third (as the case may be) of the weekly wage being received by the employee immediately before the date of such termination, for each completed month of such employee's period of employment; provided that: |
| (i) |
an employer may make, at the employee's written request, a proportionate deduction from the remuneration set out in a) above, in settlement of any debts of such employee; and |
| (ii) |
An employee (subject to the provisions of clause (20.4) hereafter) shall not be entitled to any payment in terms of this clause if said employee leaves such employment: |
| (a) |
without having given and served the period of notice laid down in Clause (20) hereafter; unless the employer has waived such notice; or the employee has paid the employer in lieu of such notice; or |
| (b) |
when there is cause recognised by law as being sufficient reason for such termination of services. |
| 8.4 |
Closure of Establishment |
| (a) |
Notwithstanding anything to the contrary contained in this Clause, for the purpose of annual leave at any time, but not more than twice in any period of 12 months, an employer may close the establishment/contract for 21 consecutive days and, in that case, shall remunerate his employees, as the case may be, in terms of clause (8.1) above or sub clause (c) below. |
| (b) |
Notwithstanding anything to the contrary contained in this Clause, an employer may place an employee on split leave, but not on more than two occasions during a year and, in such case, the two periods of such leave shall not total more than the full leave entitlement of such employee, in terms of clause (8.1) above. |
| (c) |
In the event of the closure of an establishment in which an employee is employed, or the suspension of an activity on which an employee is engaged, taking place when such employee is not yet entitled to the full period of annual leave as prescribed in clause (8.1) above, the following rulings shall apply: |
| (i) |
The employer shall pay said employee in respect of any leave due at the time of such closure or suspension, on the basis as set out in clause (8.3); and |
| (ii) |
For the purposes of annual leave thereafter, the employment of such employee shall be deemed to have commenced on the date of closing of the establishment or suspension of the activity. |
Stamp Duties Act, 1968 (Act 77 of 1968)
