Annual leave question

FapCop

FapCop

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I have a question hoping there are a few legalfags around. Quoting from the department of labour:

Workers must get annual leave of at least -

21 consecutive days, or
1 day for every 17 days worked, or
1 hour for every 17 hours worked
Click to expand...

Does this provide employers different choices on how to grant leave? Say a worker wants to take an annual 21 days, can the employer legally deny the request and grant 1 day every 17 days instead?
 
Last edited:
You have cited only S20 (a) ...

in the same section (b) and / or (c) may apply ... the operatives here are ''by agreement'' ... in other words contract of employment, agreement with a trade union etc.

Its these clauses that grant the employer the options you are asking about.
 
Arksun said:
I have a question hoping there are a few legalfags around. Quoting from the department of labour:



Does this provide employers different choices on how to grant leave? Say a worker wants to take an annual 21 days, can the employer legally deny the request and grant 1 day every 17 days instead?
Click to expand...

Your above quote only specifies how much leave you are entitled to.

Your taking of leave is by mutual agreement.
Without going into some exceptions where the forfeiture of accumulated leave is concerned, if your position is critical and you put in for 25 days of leave during the busiest period of the year, your manager is allowed to deny your leave request.

If you want to take 25 days of leave and it's quiet and your manager says yes, then all good.

Some companies in certain of the industries have forced leave periods due to the shutdown periods they have. So you might have forced leave during Christmas and during weeks that have more PPH days than work days. These will usually be stipulated in your contract though.
 
Arksun said:
I have a question hoping there are a few legalfags around. Quoting from the department of labour:



Does this provide employers different choices on how to grant leave? Say a worker wants to take an annual 21 days, can the employer legally deny the request and grant 1 day every 17 days instead?
Click to expand...

The 1 day for every 17 worked, is just how many you can take, not how often you can take leave. So, working 5 days a week for 52 weeks = 260 days / 17 days = 15.29 leave days per year, based on the formula.
 
More info on the scenario:

Company that runs on standard business hours. Contract states 15 working days annually, but does not specify how it should be distributed.

Regardless of what time of the year it is, 21 consecutive days are never granted. Main argument is along the lines of "I legally don't have to grant entire cycle of leave consecutively".

Is this valid?
 
Arksun said:
Does this provide employers different choices on how to grant leave? Say a worker wants to take an annual 21 days, can the employer legally deny the request and grant 1 day every 17 days instead?
Click to expand...

Its in the BCEA - by agreement....

Consider that in some cases a public holiday may fall on a Thursday and the Friday becomes a leave day ... by agreement.

What answer would you like apart from whats legislated?
 
Arksun said:
More info on the scenario:

Company that runs on standard business hours. Contract states 15 working days annually, but does not specify how it should be distributed.

Regardless of what time of the year it is, 21 consecutive days are never granted. Main argument is along the lines of "I legally don't have to grant entire cycle of leave consecutively".

Is this valid?
Click to expand...

Quite probably....
 
Leave is normally accrued in annual cycles.

If you are a new employee that you would perhaps have to work a predetermined period before taking leave.

After a year i am pretty sure an employee can take leave as and when they require.


NOTE: LEAVE IS PRESCRIBED BUT ALSO SUBJECT TO OPERATIONAL REQUIREMENTS.....

It is very possible for an employer to NOT grant leave due to above reason and then it would be a day unpaid leave.
 
So actually, if you get 15 days leave but you're forced to take 4 or 5 prescribed days, you only get 11/10 for your annual holiday?
 
Remember that the BCEA prescribes the minimum required benefits to employees.


Hence, employers can always add value/benefits that they see fit.

Some companies add more leave to employees that are senior and loyal.
 
I don't see anything in the BCEA on closure periods and the BCEA states that leave has to be of mutual consent, so surely a company cannot force you to take leave over their perceived closing period unless expressly agreed to in the employment contract?
 
Sinbad said:
Correct
Click to expand...

Well no, you get the full allotment but you have to take the prescribed days and the balance can be taken at a mutual time. Very common in manufacturing or industries that shutdown during Christmas periods ie: 25 Dec to 1 Jan.
 
^^vampire^^ said:
I don't see anything in the BCEA on closure periods and the BCEA states that leave has to be of mutual consent, so surely a company cannot force you to take leave over their perceived closing period unless expressly agreed to in the employment contract?
Click to expand...

There isn't anything int he BCEA regarding this. It's usually put in the contract.
 
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