Leave Policy
Leave Policy
Leave Policy
LEAVE POLICY
1. PURPOSE
2.SCOPE OF APPLICATION
This policy applies to employees who are employed either on full-time, part-
time or on a casual basis in terms the Public Service Act, No. 103 of 1994.
2 LEGISLATIVE FRAMEWORK
3 AUTHORISATION
4 DEFINITIONS
Auditing leave the checking of leave application forms on employees’ leave files
against leave records and data on the PERSAL system, to
establish whether all leave days have been correctly captured
Calendar all the days of the month, including weekends and holidays
days
Capped leave leave accrued from the date of appointment and accumulated until
30 June 2000
Working days Monday to Friday, excluding public holidays. This definition does
not include shift workers whose annual leave may be taken on a
Saturday or Sunday.
ABBREVIATIONS
5 ANNUAL LEAVE
The annual leave cycle is from January to December each year. Employees
accrue annual leave credits at the beginning of each calendar year. It is
compulsory for employees to take 10 consecutive working days leave per
Employees appointed during the year will receive a pro-rata portion of the
annual leave.
Where a manager refuses annual leave (above the 10 days compulsory
requirement) the annual leave will be paid at the end of the 18-month period.
A casual employee may only take leave once he/she have accumulated the
required number of days.
6 SICK LEAVE
An employee qualifies for 36 working days sick leave with full pay over a
three-year cycle. Unused sick leave credits lapses at the end of a three-year
cycle.
In instances where a pattern in the use of sick leave has been established, a
medical certificate may be required for absences of less than three working
days.
The Minister of Public Service and Administration has determined that from
the 1st April 2005, an employee who has been on sick leave on more than 2
occasions within an 8 week period must submit a medical certificate
regardless of the duration of the absence. The medical certificate must
state that the employee was unable to work due to a sickness or injury.
Should the employee fail to submit the required medical certificate the leave
will be covered by annual leave. If he/she does not have leave credits the
leave will be covered by unpaid leave.
The 8 week period will be treated as a calendar month, and will start on the
1st day of an employee’s absence due to an illness or an injury.
If an employee falls ill whilst on annual leave, such leave may be converted
to sick leave, provided that a medical certificate is submitted. In these
circumstances a medical certificate must be submitted irrespective of the
number of days of sick leave taken.
For every 15 consecutive days leave taken without pay, an employee’s sick
leave entitlement shall be reduced by 1/36th per sick leave cycle.
The manager may also grant time-off in terms of sick leave provisions in the
event where an employee has to;
Where an employee is off sick for a part of the day, the manager must
record such time off. When the time off adds to 8 hours, a leave form for a
full day must be completed and submitted to the supervisor. Documentary
proof must be submitted to the manager for the leave to be approved as sick
leave.
If a casual employee has exhausted his/her sick leave, the HOD may grant
leave without pay.
7 SPECIAL LEAVE
Should an employee require to start maternity leave later than the stipulated
4 weeks period, prior approval must be given by the Deputy Director: HRA,
on condition that a medical certificate certifying her as fit for duty has been
submitted.
For at least 6 weeks after the birth, no employee may return to work unless
the attending medical practitioner certifies that the employee is fit to do so.
An employee must apply in writing and attach supporting documentation if
he/she wishes to return to work before the end of the 4 months maternity
leave period. The Deputy Director: HRA must approve the request before
the employee resumes work.
sick leave; or
temporary incapacity leave if sick leave credits have been exhausted
An employee who adopts a child, who is younger than two years, qualifies
for a maximum of 45 working days adoption leave. For extension of this
leave the following shall apply;
Adoption leave can commence at least a week before the arrival of the child
and this week is inclusive of the 45 days.
a) An employee shall be granted 3 days leave per annual leave cycle if:
b) An employee will be granted 5 days leave per annual leave cycle if:
A leave form has to be completed each time a shop steward leaves the
office to attend to union matters. As soon as the time used reach 8 hours an
application for a day’s leave must be completed.
If a shop steward has used the 10 days due to him/her, then they may use
annual leave for union matters. If their annual leave is exhausted, then
leave without pay may be granted.
The HOD or the delegated authority must take reasonable steps to assist
the employee to claim compensation with regards to the provisions of the
bullets above.
[N.B] Sick leave shall be granted for injuries at work. As soon as the
Workman Compensation Unit at the Department of Labour confirms that the
If the medical practitioner has recommended more than 10 days, the rest of
the days shall be extended by annual leave or unpaid leave if annual leave
has been exhausted.
Examination leave will not be granted for failed subjects and supplementary
examinations. Should staff wish to take more days for study purposes than
granted by this policy, annual leave credits may be used.
If an employee has exhausted all his/her leave credit, unpaid leave may be
granted on approval by the Head of Department or delegated authority.
As soon as the conditions mentioned in the bullets above are met, annual
leave to a maximum of 30 days must be converted to special leave.
An employee qualifies for one day’s special leave per annum for religious
observance.
The following documents must be attached to the leave form and prior
approval must be granted before the leave is taken.
8 UNPAID LEAVE
If an employee has used all his/her annual leave, the HOD may grant
him/her unpaid leave to a maximum of 184 days. Only in exceptional cases
will the HOD grant more than 184 days of unpaid leave in a period of 18
months.
An employee who has exhausted his/her annual leave credits will use
unpaid leave for absence from work due to:
If a casual employee have used all his/her annual leave credits, the HOD or
the delegated authority may grant them unpaid leave.
9 LEAVE PAYMENTS
9.1 Payment of annual leave accrued prior to 1st July 2000 (Capped
leave)
An employee shall retain all audited leave credits accrued prior to July 2000.
The payouts in respect of such leave credits shall be made in the event of:
Retirement
Death
Medical boarding
A casual employee who have been in service for longer than 4 months is
entitled to payment in respect of any unused annual leave credits in an
annual leave cycle in the event of the termination of their services.
Payment of unused leave credits shall be calculated using the basic salary
of the employee:
10 NOMINATION OF BENEFICIARIES
If an employee dies and has not nominated a beneficiary, the leave payout
may be paid:
In full to the spouse/life partner of that employee; or
If there is no spouse/life partner, in equal shares for the benefit of
children (including legally adopted children) of the deceased who, at
the time of her/his death, were fully dependent on the employee; or
If there are no children, to the employee’s estate.
The employee -
May register with the employer all spouses entered into under the
customary or indigenous law;
May register only one life partner at a time with the employer; or
Who has (a) spouse (s) registered with the employer in terms of the
recognition of Customary Marriages Act, 1998 and the Marriages Act,
1961, may not register a life partner with the employer.
(Appropriate forms available from the Directorate: HRP)
The appropriate leave form must be used for all leave types (EZ1
Leave Form).
Leave forms are submitted for all absences and all outstanding leave
forms are followed up.
Annual leave without pay may not be converted into sick leave.
If leave is taken during probation, the probation period must be
extended according to the periods of any leave taken.
The 10 and 15 days that is converted into cash for purposes of long
service recognition are deducted from an employee’s annual leave
An employee may not be granted annual leave with full pay in excess
of that which the employee is entitled to (in terms of annexure A of
this policy) plus capped leave in respect of employees who were in
service prior to 01 July 2000.
If an employee had in error been granted annual leave with full pay in
excess of that which stood to her/his leave credit at that time, such
leave must be deducted from the subsequent leave cycle.
If an employee who has been granted excess annual leave with full
pay exit the Department of Roads and Transport, the excess leave
must be recovered from them.
12 DELEGATIONS
13 POLICY CONTROL
No amendment (s) may be made to any section of this policy without such
amendment (s) first being-
Consulted with the recognized Employee Organisations; and
Duly approved and signed by the Human Resource Management of the
Department of Roads and Transport.
14 POLICY APPROVAL
HEAD OF DEPARTMENT
ROADS AND TRANSPORT
MEC: DEPARTMENT OF ROADS AND TRANSPORT
GAUTENG PROVINCIAL GOVERNMENT
NEHAWU: :
PSA: :
16 ANNEXURE A
PARENTAL LEAVE
MATERNITY LEAVE Full-time & part-time 4 Consecutive
employees months.
Casual employees 4 Consecutive
appointed on hourly, months of unpaid
daily and monthly leave.
basis
Casual employees
appointed on hourly, Maximum of 3 days
daily and monthly per annum
basis
SPECIAL LEAVE