Leave payout when resigning

marco79

marco79

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I have resigned and I was with this company for 3.5 months. The annual leave in my contract is 22 days per year. Should I get paid out for the leave accumilated in those 3.5 months? This totals to 5.5 days.

I was told by HR that they don't pay out leave days if you leave the company within 4 months of employment. I checked my contract and I see no mention of this.

The buggers already deducted R8000 from my October salary for a course I attended a few weeks ago and now they want to scam me out of another few thousands.

Any help?
 
If you were entitled to 22 working days per annum, and you had taken none of it when you resigned, they must pay you out 22/12x3.5 = 6.41 days. The BCEA states that any employee is entitled to a minimum of 1 day leave for every 17 days worked, and this is what they should either grant you as paid leave, or they should pay you out in lieu of you taking that leave.
I was told by HR that they don't pay out leave days if you leave the company within 4 months of employment
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They need a new HR person who is aware of the "1 day leave for every 17 days worked" !
 
Thanks, I will wait for the HR lady to get back to me today. I feel like they can keep their money and i'll just take the next 2 days off.

Let me first clear up this mess before I name & shame the company.
 
I just spoke to the HR lady. It seems as if they will reimburse me for the leave days. She just needs confirmation from her senior. I should be getting the monies by Friday.

Every little helps!
 
There are lots of reasons, but the main one is that I'm going back to Cape Town where I can be with my family.
 
I'm sitting on 27 days leave due to me... When people in our company resigns, they are told to take the leave because payout will be minimal...

How does one calculate or what is the rate of leave being paid out?
 
Sorry to revive this old thread - but is the employer allowed to put a clause in saying no more than x amount be accumulated - and on resignation, an employee will forfeit the rest?
 
Dolby said:
Sorry to revive this old thread - but is the employer allowed to put a clause in saying no more than x amount be accumulated - and on resignation, an employee will forfeit the rest?
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That's pretty normal everywhere. It's 25days by our company. You forfeit whatever is over end of every financial year.
 
Dolby said:
Sorry to revive this old thread - but is the employer allowed to put a clause in saying no more than x amount be accumulated - and on resignation, an employee will forfeit the rest?
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Its very normal.. we don't even have to resign to forfeit.. 30 days, and anything over that is forfeited.

In response to J0n0's post from YEARS ago, a company CANNOT force you to take leave once you have resigned, they have to pay you out for the leave due, at your normal pay rate per day.
 
ToxicBunny said:
Its very normal.. we don't even have to resign to forfeit.. 30 days, and anything over that is forfeited.

In response to J0n0's post from YEARS ago, a company CANNOT force you to take leave once you have resigned, they have to pay you out for the leave due, at your normal pay rate per day.
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As stated in the employment act. In fact it is basically illegal to take leave in your notice period.
 
^^

There is a grey area in terms of leave applied for and approved prior to actually resigning, but you can't resign and THEN apply for and take leave, or be forced to take the leave.
 
ToxicBunny said:
Its very normal.. we don't even have to resign to forfeit.. 30 days, and anything over that is forfeited.

In response to J0n0's post from YEARS ago, a company CANNOT force you to take leave once you have resigned, they have to pay you out for the leave due, at your normal pay rate per day.
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They pay you out at your normal rate but you get taxed quite heavily on it.
 
Hemi300c said:
As stated in the employment act. In fact it is basically illegal to take leave in your notice period.
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And during your notice period any pending leave that was already approved needs to be cancelled and the leave days returned to you.

Also the only time an employer may not cancel leave over your threshold is when they have repeatably denied you the leave with reasonable notice. Also an employer may not continuously deny you leave for 18 months. This is why the threshold is usually worked on 18 months leave (24 days)
 
Rocket-Boy said:
They pay you out at your normal rate but you get taxed quite heavily on it.
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You don't get taxed a cent different on your leave as to your normal pay, it however does happen that your leave payout pushes you into the next tax bracket and the payroll system works out your tax as if you where earning more.

The same applies to a bonus.

I've had lots of experience with leave payouts in the last two years (changed jobs twice) and did my homework on what to expect.
 
I got a sweet leave payout with my previous job this last month. They broke it into 2 payments, so the salary and the leave were taxed individually. Came out to about 1.5x a single month's salary which helped a lot with the baby. Plus my pro rated bonus was paid.
 
cerebus said:
I got a sweet leave payout with my previous job this last month. They broke it into 2 payments, so the salary and the leave were taxed individually. Came out to about 1.5x a single month's salary which helped a lot with the baby. Plus my pro rated bonus was paid.
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Nice, so you did not have to sell any of the many gadgets you and Mrs Cerebus won on MyBB :)
 
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