| (1) |
Subject to the provisions of subclause (2) of this clause, an employer shall grant to each of his employees, other than a casual employee, contract waiter or a special function casual employee, in respect of each completed period of 12 months of employment with him— |
| (a) |
during the first four years of employment, 21 consecutive days' leave; and thereafter 28 consecutive days' leave of absence for each subsequent year of employment with the same employer on full pay, and the remuneration in respect of such leave shall be paid not later than the last working day before the commencement of the said leave or, at the written request of an employee, not later than the first pay day for such employee after expiration of this period of leave. |
| (2) |
The leave referred to in subclause (1) shall be granted at a time fixed by the employer: Provided that— |
| (i) |
if such leave has not been granted earlier it shall be granted so as to commence within three months of the completion of the year of employment to which it relates; |
| (ii) |
the period of such leave shall not be concurrent with any period during which the employee is absent on sick leave in terms of clause 15A or is serving a period of notice of termination of employment; |
| (iii) |
if any public holiday falls within the period of such leave, such day shall be added to the said period as a further period of leave on full pay; |
| (iv) |
an employer may set off against such period of leave any days of occasional leave granted on full pay to his employee at the employee's written request during the year of employment to which the period of annual leave relates. |
| (3) |
An employee whose contract of employment terminates with an employer before the period of leave referred to in subclause (1) has accrued shall, save as provided in the fourth proviso to subclause (2), upon such termination be paid in respect of each completed month of employment remuneration of not less than— |
| (a) |
1.75 days per month for the first four years of employment. |
| (b) |
2.33 days per month for thereafter. |
of the monthly wage that the employee was receiving immediately before his employment was terminated.
| (4) |
An employee who has become entitled to a period of leave in terms of subclause (1) and whose employment terminates before such leave has been granted shall upon such termination be paid amounts referred to in subclause (1) and (3). |
| (5) |
For the purposes of this clause, the expression "employment" shall be deemed to include any period or periods during which an employee is— |
| (a) |
absent on leave in terms of subclause (1); |
| (b) |
absent from work on the instructions or at the request of the employer; |
| (c) |
absent on sick leave in terms of clause 15A; |
amounting in the aggregate to not more than 10 weeks in any year in respect of (a), (b) and (c) above.
| (6) |
For the purpose of this clause, employment shall be deemed to commence from— |
| (a) |
the date on which the employee entered the employer's service; or |
| (b) |
the date on which the employee last became entitled to leave on full pay, whichever is the later. |
Housing Development Agency Act, 2008
