Leave pay after resignation

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shadow_man

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Hi,

My current pay day is the 25th. My last working day is the 30th.

My company wants to pay my salary on the 25th and my leave owed on the 30th? Is this legit? I've always heard that leave pay upon resignation MUST be paid with your last pay cheque.

In this way i've got no insurance that my leave pay will be paid. I could work till the end and not be paid... (with the way things are going, thats possible).

Thanks,
J
 
It's not uncommon, as there are still a few days left there for you to take leave after your salary payment. If you choose not to return to work for the last few days then they have no recourse to recover the leave they already paid you...
 
They are worried that you will skip out after the 25th.

That said, they are legally obligated to pay it on the day you hand your resignation in according to the BCEA ( They are required to keep your leave balance in the bank at all times for this reason )

You can get a lawyer to send them a legal letter if you want to press the matter. Though if they don't pay, you can make things even harder for them.
 
They really should just consider the last few days as garden leave...
 
Personally I would just wait for the pay on the 30th, I understand why they are doing it though.
 
As far as I'm aware you're not allowed to take leave during your notice period, so they might as well have added it to your salary.
 
The BCEA stipulates that it must be paid within 7 days from the last working day.
 
Last edited:
bullzeye.za said:
They are worried that you will skip out after the 25th.

That said, they are legally obligated to pay it on the day you hand your resignation in according to the BCEA ( They are required to keep your leave balance in the bank at all times for this reason )

You can get a lawyer to send them a legal letter if you want to press the matter. Though if they don't pay, you can make things even harder for them.
Click to expand...

Hi,

Any legislation to prove this? I'm worried that they are a) not going to pay my leave or b) pay it late.

As such I have no recourse it seems. Any legislature to say when they need to pay leave e.g. with final pay cheque or on day resignation is handed in?

Thanks and Regards,
J
 
grav80 said:
As far as I'm aware you're not allowed to take leave during your notice period, so they might as well have added it to your salary.
Click to expand...

That depends on your contract. It's up to the employer whether you're allowed to take leave during your notice period or not.
 
jsheed_sa said:
Hi,

My current pay day is the 25th. My last working day is the 30th.

My company wants to pay my salary on the 25th and my leave owed on the 30th? Is this legit? I've always heard that leave pay upon resignation MUST be paid with your last pay cheque.

In this way i've got no insurance that my leave pay will be paid. I could work till the end and not be paid... (with the way things are going, thats possible).

Thanks,
J
Click to expand...

I think your company supposed to pay your salary + leave days on the last day of the month not split them. Do you give them enough time for your resignation?
 
As far as I know, your company is allowed to leave paying you until your final working day, and can also make that payment by cheque.
 
Cool E said:
I think your company supposed to pay your salary + leave days on the last day of the month not split them. Do you give them enough time for your resignation?
Click to expand...

Resigned on the 25th of October, 1 calendar month notice. So working from 1st - 30th November.

More than enough time.

J
 
jsheed_sa said:
Hi,

Any legislation to prove this? I'm worried that they are a) not going to pay my leave or b) pay it late.

As such I have no recourse it seems. Any legislature to say when they need to pay leave e.g. with final pay cheque or on day resignation is handed in?

Thanks and Regards,
J
Click to expand...

As I said above, they have 7 days to pay after your last working day. Whether they actually pay or not is up to them and if they dont you either need to go labour court, small claims court or whatever.

I am not sure if it is 7 days or working days, so they either have until the 7th of December or the 11th. Where I work, we go by 7 working days so it would be the 7 December.
 
jsheed_sa said:
Hi,

My current pay day is the 25th. My last working day is the 30th.

My company wants to pay my salary on the 25th and my leave owed on the 30th? Is this legit? I've always heard that leave pay upon resignation MUST be paid with your last pay cheque.

In this way i've got no insurance that my leave pay will be paid. I could work till the end and not be paid... (with the way things are going, thats possible).

Thanks,
J
Click to expand...

technically they allowed to pay you your salary and leave pay all on the 30th, so they actualy being prety cool paying you on the 25th your normal salary
 
isie said:
technically they allowed to pay you your salary and leave pay all on the 30th, so they actualy being prety cool paying you on the 25th your normal salary
Click to expand...

Exactly this. Its all prefectly legit - relax
 
In our company you get your last salary & leave pay on the 30th of that month you leave.
Normal payday is the 20th.

This is to allow enough time for the other departments within the company to forward a list of things you owe the company.

for eg: HR(outstanding loans/bursaries/relocation allowance) etc
:IT(outstanding phone/internet/laptop bill) etc
:LIBRARY (outstanding books you never returned) etc


The value is then deducted from your moola & you get the balance on the 30th.
 
syntax said:
As far as I know, your company is allowed to leave paying you until your final working day, and can also make that payment by cheque.
Click to expand...

This is my understanding as well.

However, once a company pays you on the 25th of the month, they are obliged to maintain the 'pattern', so in your case they have elected to pay you as [they normally would] on the 25th.

Don't forget that, in addition to leave pay, there may be (for example) medical aid surcharges that have to be deducted from your final pay. Then there is provident fund etc.

So all of these bit and pieces will appear on your final pay cheque: it's just that you will be receiving two pay cheques in November.
 
The provident fund/pension fund is a seperate cheque which you get from the company. But that is usually anytime from 6 weeks after they have submitted your resignation papers to the pension provider eg alexandra forbes & they have processed it .

And the only legal deduction they can make is that tax deduction. (assuming you are cashing out your pension/provident)
 
isie said:
technically they allowed to pay you your salary and leave pay all on the 30th, so they actualy being prety cool paying you on the 25th your normal salary
Click to expand...

Pretty sure if they skimped his normal paydate he can hold them responsible for debit orders etc. If your contract specifies your monthly salary pay date, they are obliged to pay by that date. Does NOT apply to the leave pay though.
 
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