resigning and vacation

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envo

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I was wondering, lets say I get an amazing offer of employment right before I leave for vacation from the 16th of December (lets imaging the same day my leave is about to start) to the 13th of January. the company in question wants me to start on the 1st of February since I need to give 1 calendar month.

Do I give notice immediately? And will my vacation be cancelled? Or can I email them notice on the 1st of January while I'm on vacation (can I even do that??) Or how does it work?

Obviously I would like to manage expectations with the new company and when I can start vs the other company's rules (HR/Labour law etc) regarding this

I know some of you work in HR, any advice would be appreciated
 
envo said:
I was wondering, lets say I get an amazing offer of employment right before I leave for vacation from the 16th of December (lets imaging the same day my leave is about to start) to the 13th of January. the company in question wants me to start on the 1st of February since I need to give 1 calendar month.

Do I give notice immediately? And will my vacation be cancelled? Or can I email them notice on the 1st of January while I'm on vacation (can I even do that??) Or how does it work?

Obviously I would like to manage expectations with the new company and when I can start vs the other company's rules (HR/Labour law etc) regarding this

I know some of you work in HR, any advice would be appreciated
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You're not allowed to have leave during your notice period. So resign on the last working day in December to at least have some leave.
 
Chevron said:
You're not allowed to have leave during your notice period. So resign on the last working day in December to at least have some leave.
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ah, so I can say "here's my notice, going on leave now kthnx" and that'd be fine? sweet.
 
envo said:
ah, so I can say "here's my notice, going on leave now kthnx" and that'd be fine? sweet.
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No, you can not. Read what Chevron said carefully: You're not allowed to have leave during your notice period.

So you can take leave till end of December, go back to work on 4th of Jan, then hand in your notice.
 
Cancel that 1 to 13 Jan as you can't take leave in the "30 day" notice period
 
Does your company allow you to take leave while essentially serving your notice period?
 
It depends on the employer. I had a big holiday planned with my previous employer and they allowed me to still take the leave. I resigned on the 1st again now and the company closes during christmas and new year and they are still giving my leave. But i guess they rather give me leave then let me come sit in an empty office and pay me out the leave.
 
PsyWulf said:
Cancel that 1 to 13 Jan as you can't take leave in the "30 day" notice period
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+1

If you are not a high level / critical position employee the current employer may even grant you your leave in January after you served the notice. Some companies rather prefer you take the leave than to pay it out.
 
Technically you can't request leave in your notice period as I recall...if it was pre-booked this is a different story.

However this is ultimately just a guideline and I rate most companies won't make a fuss of it. If you can come to an arrangement with them it shouldn't be a problem.

In my cases where my colleagues have resigned they still took leave etc, because the company is ultimately the one who decides if you can or not. If they want to be pricks about it they can play it to the letter of the law, but it doesn't mean they will.

Many, especially smaller businesses don't want to pay out that extra cash to you and would much rather just give you the days.
 
OrbitalDawn said:
Yes, if it's mutually agreed. They can't force you to take leave.
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And I think that is ultimately what the law is really chasing that it can't be initiated from the company's side that you MUST take leave.

But I can't recall ever hearing of a business that had an issue with some leave being taken at the request of the employee.
 
Chevron said:
You're not allowed to have leave during your notice period. So resign on the last working day in December to at least have some leave.
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There is no such law, its company dependent
 
SauRoNZA said:
Technically you can't request leave in your notice period as I recall...if it was pre-booked this is a different story.

However this is ultimately just a guideline and I rate most companies won't make a fuss of it. If you can come to an arrangement with them it shouldn't be a problem.

In my cases where my colleagues have resigned they still took leave etc, because the company is ultimately the one who decides if you can or not. If they want to be pricks about it they can play it to the letter of the law, but it doesn't mean they will.

Many, especially smaller businesses don't want to pay out that extra cash to you and would much rather just give you the days.
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This has been my experience. Depends on the company and how strictly they stick to policy at the end of the day.
 
Drifter said:
No, you can not. Read what Chevron said carefully: You're not allowed to have leave during your notice period.
.
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This is very much down to the individual company, some company's would prefer for you to use up your leave rather than have to pay out your leave balance when you leave. I know I got a weeks leave during my notice period when I left my last job.
 
lerouc said:
It depends on the employer. I had a big holiday planned with my previous employer and they allowed me to still take the leave. I resigned on the 1st again now and the company closes during christmas and new year and they are still giving my leave. But i guess they rather give me leave then let me come sit in an empty office and pay me out the leave.
Click to expand...

SauRoNZA said:
Technically you can't request leave in your notice period as I recall...if it was pre-booked this is a different story.

However this is ultimately just a guideline and I rate most companies won't make a fuss of it. If you can come to an arrangement with them it shouldn't be a problem.

In my cases where my colleagues have resigned they still took leave etc, because the company is ultimately the one who decides if you can or not. If they want to be pricks about it they can play it to the letter of the law, but it doesn't mean they will.

Many, especially smaller businesses don't want to pay out that extra cash to you and would much rather just give you the days.
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Pretty much this. Have a chat with HR though.

I had leave booked and my trip paid for well in advance, then the day after I got my visa approved I resigned and asked the HR lady what happens to my leave. Since my leave was already approved on our system it would've been difficult to reverse it and pay it out, so she said I should just take it anyway. So I did. Came back for a week after a week's leave and that was that. I made sure all my jobs were handed over and signed off beforehand though. No point being a dick about it.
 
rakabos3 said:
There is no such law, its company dependent
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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.

Section 20 (5) (b) of the BCEA
 
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