Annual leave question

[naturegirl]

Hi All

I need some advise. Every year something comes up and my leave gets cancelled.
As per our policy any untaken leave expires, every year my annual leave expires...
I usually lose 14 or 15 days.

This year again, my leave over Christmas (this week infact) has been cancelled due
to a colleague taking ill...

I know leave should be taken at a time mutually agreed upon by employee and management
so when I request leave I never take it all in one go, I try to take only 3 days or so, keeping in
mind the busy times of the month etc...but it just seems that each time I schedule leave (well
in advance I might add) something happens and someone gets sick or leaves the company or
needs a leave of absence of some sort and I then have to fill in.

Now my question is, can I ask that the company pay me out for a portion of my leave?
If i'm going to lose my leave cause it is just not viable for me to take it then shouldn't
I receive some sort of compensation?

 

[Cray]

Hi All

I need some advise. Every year something comes up and my leave gets cancelled.
As per our policy any untaken leave expires, every year my annual leave expires...
I usually lose 14 or 15 days.

This year again, my leave over Christmas (this week infact) has been cancelled due
to a colleague taking ill...

I know leave should be taken at a time mutually agreed upon by employee and management
so when I request leave I never take it all in one go, I try to take only 3 days or so, keeping in
mind the busy times of the month etc...but it just seems that each time I schedule leave (well
in advance I might add) something happens and someone gets sick or leaves the company or
needs a leave of absence of some sort and I then have to fill in.

Now my question is, can I ask that the company pay me out for a portion of my leave?
If i'm going to lose my leave cause it is just not viable for me to take it then shouldn't
I receive some sort of compensation?

Doesn't sound legal at all, if they are preventing you from taking leave then it shouldn't expire.

http://www.labourguide.co.za/conditions-of-employment/102-annual-leave

What this provision means is that if the employee, for whatever reason, does not take his annual leave at the end of a leave cycle, but applies for his leave after the end of the leave cycle, the employer has no option but to grant that request.

This provision is made to cover those situations where, perhaps due to pressure of work, or perhaps due to the fact that an employee possesses certain skills which are essential to the running of the business, and he cannot take his annual leave by the end of the leave cycle but wishes to take it during the first six months of the next leave cycle, the employer is legally obligated to grant that request for annual leave

In other words, the employer cannot continually refuse requests for leave made by that employee by continually stating that "we need you", or "we cannot afford to let you go leave.”

The Act protects the employee against that type of exploitation by forcing the employer to grant annual leave within a certain period of time, if such leave is requested by the employee.

If you are so valuable that they cannot afford to give you leave they should pay you out for the lost days or allows yours to carry over. My previous company had a policy of maximum number of leave days that you could accrue, when it got to near the limit you basically had to take the leave and it would always be approved.

 

[Obieone]

AFAIK you have to take 21 days continuous and your employer must comply with this.You can still take your leave up to 6 months after your anniversary date, after this it unfortunately falls away.

 

[SauRoNZA]

Yeah if you are being prevented from taking leave because of the company...then they can't have it expiring and should roll it over.

Also isn't there something about leave that's already approved that can't be cancelled?

 

[Hemi300c]

The law state's you have to take 10 days continuous leave per annum.
If you submit your leave timeously and if they cancel they cannot deprive you of the entitlement of leave.

 

[Obieone]

Annual leave20. (1) In this Chapter, ‘‘annual leave cycle’’ means the period of 12 months’
employment with the same employer immediately following—
(a) an employee’s commencement of employment; or
(b) the completion of that employee’s prior leave cycle.
(2) An employer must grant an employee at least—
(a) 21 consecutive days’ annual leave on full remuneration in respect of each
annual leave cycle; or
(b) by agreement, one day of annual leave on full remuneration for every 17 days
on which the employee worked or was entitled to be paid;
(c) by agreement, one hour of annual leave on full remuneration for every 17
hours on which the employee worked or was entitled to be paid.
(3) An employee is entitled to take leave accumulated in an annual leave cycle in
terms of subsection (2) on consecutive days.
(4) An employer must grant annual leave not later than six months after the end of the
annual leave cycle.(5)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
Chapter; or
(b) any period of notice of termination of employment.
(6) Despite subsection (5), an employer must permit an employee, at the employee’s
written request, to take leave during a period of unpaid leave.
(7)An employer may reduce an employee’s entitlement to annual leave by the number
of days of occasional leave on full remuneration granted to the employee at the
employee’s request in that leave cycle.

 

[ice_cubes]

Ask for leave encashment

 

[Kosmik]

Ask for leave encashment

Not allowed any more.

Also regarding the expiry of leave, your leave cannot expire if they have cancelled or denied your leave.

 

[Obieone]

Not allowed any more.

Also regarding the expiry of leave, your leave cannot expire if they have cancelled or denied your leave.

Correct, it's the employers responsibility to ensure you take your leave, If you're a member of a union take it to them or contact CCMA.

 

[RVQ]

(2) An employer must grant an employee at least—
(a) 21 consecutive days’ annual leave on full remuneration in respect of each
annual leave cycle; or
(b) by agreement, one day of annual leave on full remuneration for every 17 days
on which the employee worked or was entitled to be paid;
(c) by agreement, one hour of annual leave on full remuneration for every 17
hours on which the employee worked or was entitled to be paid.

Most companies only give 18 days and 21 after 5 years of service am I missing something?

 

[Paul_S]

Most companies only give 18 days and 21 after 5 years of service am I missing something?

The minimum is 15 days leave which becomes 21 days due to weekends if taken all in one go.

 

[Pitbull]

Hi All

I need some advise. Every year something comes up and my leave gets cancelled.
As per our policy any untaken leave expires, every year my annual leave expires...
I usually lose 14 or 15 days.

This year again, my leave over Christmas (this week infact) has been cancelled due
to a colleague taking ill...

I know leave should be taken at a time mutually agreed upon by employee and management
so when I request leave I never take it all in one go, I try to take only 3 days or so, keeping in
mind the busy times of the month etc...but it just seems that each time I schedule leave (well
in advance I might add) something happens and someone gets sick or leaves the company or
needs a leave of absence of some sort and I then have to fill in.

Now my question is, can I ask that the company pay me out for a portion of my leave?
If i'm going to lose my leave cause it is just not viable for me to take it then shouldn't
I receive some sort of compensation?

Leave expires on the yearly close off which is end of February. When your colleague comes back take as much as possible in January and February. Should not be a problem.

 

[satanboy]

The law state's you have to take 10 days continuous leave per annum.
If you submit your leave timeously and if they cancel they cannot deprive you of the entitlement of leave.

I work in a large corporate and they are ignoring this rule.

I am in my 3rd year with the longest period of continuous leave at 5 days.

 

[Sinbad]

We even get a reminder if we don't take our 2 consecutive weeks...

Dear xxxx


It has come to our attention that you have failed to avail yourself of the compulsory annual leave in your previous leave cycle.
Your name appears on the leave exception report for the following reason:- Consecutive Days Not Taken
Please contact your manager, xxx xxxx, regarding this notification and arrange to apply for leave.

 

[satanboy]

We even get a reminder if we don't take our 2 consecutive weeks...

Dear xxxx


It has come to our attention that you have failed to avail yourself of the compulsory annual leave in your previous leave cycle.
Your name appears on the leave exception report for the following reason:- Consecutive Days Not Taken
Please contact your manager, xxx xxxx, regarding this notification and arrange to apply for leave.

We have the very same thing, except consecutive days are NEVER mentioned.

 

[rza]

Annual leave is not discretional on the part of the employer, regardless of what annual leave policy they have. So you either take your annual leave or it accrues without expiring, unless they pay it off per agreement you have with them. Be careful not to rely too much on BCEA because you might be above the salary threshold so it doesn't apply to you. So your company must allow you to go on leave, if that's what you want. Or they should pay you off your leave days, if you don't desire to go on leave. And they can't say they don't have money to pay your leave days because they are supposed to make accounting provisions for leave days to be paid out.