Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Main Collective Agreement

Areas

Area D

21. Leave

Purchase

21.1	Annual Leave

21.1.1

"Annual leave cycle" means the period of 12 (twelve) month's continuous employment with the same Employer immediately following an Employee's commencement of employment or the completion of that Employee's prior leave cycle.

21.1.2

Every Employee is entitled to, and must be granted leave on full pay, calculated on the basic wage received during the week immediately before taking leave, as follows:—

21.1.2.1

an Employee in the first 5 (five) years of service: 3 (three) consecutive weeks' leave;

21.1.2.2

an Employee from the 6th (sixth) year of service: 4 (four) consecutive weeks' leave;

21.1.2.3

at least 2 (two) weeks leave must be taken consecutively with the balance to be taken by agreement between the Employer and the Employee not later than 6 (six) months after the end of the annual leave cycle or will be forfeited, subject to clause 21.1.5.

21.1.3

If a public holiday or Easter Saturday falls within the leave period, an additional day must be added as a further period of leave on full pay.

21.1.4

An Employer must grant an Employee after 10 (ten) years' service with the Establishment, irrespective of any transfer of ownership, a once off, additional 1 (one) weeks' leave in recognition of long service. The additional 1 (one) week's leave must be taken during the 11th (eleventh) year of service or is forfeited.

21.1.5

An Employer must grant annual leave equal to the number of days the Employee would ordinarily have worked within a two-week period, not later than six months after the annual leave cycle. Should there be any leave days outstanding after this period, it must be paid to the Employee, subject to the provisions of clause 21. 1.6 below

21.1.6

Should the Employee refuse to take annual leave when instructed by the Employer, the leave will be forfeited, six months after the leave cycle.

21.1.7

When the service is terminated of an Employee who has been in employment for longer than 4 (four) months, the Employer must pay the Employee a pro-rata amount for leave due at the same time the final payment of wages is made.

21.1.8

Leave pay must be calculated on the Employee's current basic wage and Employees who are paid commission must receive in addition to their basic wage, the commission earned for the month during which leave is taken. The formula for calculating commission for the month in which leave is taken must be adjusted pro-rata to the number of days or weeks worked during that month.

21.2	Family Responsibility Leave

21.2.1

An Employer must grant an Employee during each annual leave cycle, at the Employee's request 5 (five) days' paid family responsibility leave, which the Employee is entitled to take:—

21.2.1.1

when the Employee's child is born; The provisions of the National Agreement above, apply;

21.2.1.2

when the Employee's child is sick; or

21.2.1.3

in the event of the death of the Employee's spouse or life partner, parent, adopted parent, grandparent, child, adopted child, grandchild or sibling;

21.2.2

Family responsibility leave applies only to an Employee who has been in employment for longer than 4 (four) months and who works for at least 4 (four) days a week.

21.2.3

An Employee may take family responsibility leave in respect of the whole or part of a day.

21.2.4

An Employer must pay an Employee the Employee's basic daily wage for each day that the Employee is entitled to paid family responsibility leave, on the Employee's usual payday.

21.2.5

Before paying an Employee for family responsibility leave, an Employer may require reasonable proof of an event for which the leave was required.

21.3	Paternity Leave

21.3.1

Paternity leave shall be regulated by the provisions of the BCEA.

21.4	Sick Leave

21.4.1

The provisions of the SPF relating to sick leave shall apply.

21.4.2

The provisions relating to Sick Leave as contained in the Basic Conditions of Employment Act, 1997, shall apply to all students/learners insofar as students/learners are not members of the Sick Pay Fund, until the 1st of January 2018, upon which date membership to the Sick Pay Fund will become compulsory and the provisions of this clause 21.4.2 will lapse.

21.5	Union Leave

21.5.1

Every Employer must give Employees who are representatives or alternates on the Council:—

21.5.2

15 (fifteen) days' leave per year, of which 8 (eight) days must be paid, to attend to their duties arising from their work on the Council;

21.5.3

5 (five) days' paid leave to attend Labour Relations Training Workshops and seminars.