Employment and Labour Law

 

 

You're legally entitled to a minimum of 21 consecutive days of annual leave on full pay for each annual leave cycle, which is a 12-month period. This usually equates to 15 working days if you work a 5-day week.

An annual leave cycle is the 12-month period beginning on your first day of employment or at the end of the previous cycle.
 

No, you cannot legally exchange your annual leave for cash while you are still employed. The BCEA strictly prohibits this. The only time you can be paid out for leave is upon termination of your employment.

If you become ill during your annual leave and obtain a valid medical certificate for the specific dates of your incapacity, those days may be reclassified as sick leave. You should notify your employer as soon as possible and provide the certificate.

Yes, if you resign with a negative leave balance (meaning you took more leave than you had accrued), your employer can legally deduct the value of those days from your final pay.

Show all FAQs in Category

Annual Leave

Unlocking Your Annual Leave Rights - Navigate the BCEA with VDM Attorneys

Annual leave should be a time for rest, rejuvenation, and family—not a source of confusion or conflict with your employer. While the Basic Conditions of Employment Act (BCEA) outlines your fundamental rights, the details can be complex. At VDM Attorneys, we empower employees and employers alike with clear, actionable legal guidance to ensure your leave is managed fairly and lawfully.

Don't let misunderstandings about leave entitlements, pay, or company policies cause unnecessary stress. Our expert legal team is here to provide clarity and advocate for your rights.

The Legal Definition of Annual Leave

In South Africa, the legal definition of annual leave is primarily governed by the Basic Conditions of Employment Act (BCEA) 75 of 1997. The Act sets out the minimum standards that all employers must adhere to, and these conditions cannot be reduced by any employment contract or company policy.

Your Annual Leave Entitlements - The Essentials Explained

Many employees are unsure of their exact leave days, payment, and when they must be taken. Here’s a breakdown of the key provisions under the BCEA:

How Much Leave Am I Entitled To?

The BCEA sets a clear minimum for employees who work more than 24 hours a month:

  • 21 consecutive days of annual leave on full remuneration for each annual leave cycle (a 12-month period from your employment start date).
  • Alternatively, by agreement, this can be calculated as one day of annual leave for every 17 days worked, or one hour of leave for every 17 hours worked.
  • Public holidays that fall within your leave period are not counted as annual leave days.

When Can I Take My Leave?

  • Timely Use: You must generally take your annual leave no later than 6 months after the end of your annual leave cycle. A collective agreement or company policy might allow for a proportion of leave to be taken during an annual shutdown period.
  • Employer’s Role: Your employer should, where reasonable, accommodate your leave application. However, an employer cannot force you to take annual leave during any other period of statutory leave (like sick leave or maternity leave) or during your notice period.
  • The Golden Rule: Leave cannot be exchanged for cash while you are still employed. This is only permissible upon termination of your employment.
  • Getting Paid for Your Leave: What You Need to Know
  • Full Remuneration: You must be paid the equivalent of what you would have earned during the leave period. This payment should be made before your leave begins or on your normal payday, if agreed upon.
  • On Termination: If your employment ends and you have not taken all your accrued leave, your employer must pay you for the days you have accumulated. This is calculated based on one day’s remuneration for every 17 days you have worked or were entitled to be paid.

Navigating Complex Leave Scenarios with Confidence

Beyond standard annual leave, the legal framework for other types of leave can be a minefield of potential disputes. VDM Attorneys is your trusted partner for these complex situations:

  • Family Responsibility Leave: Understand your right to three days of paid leave per year for family emergencies, such as the illness of a child or the death of a close family member.
  • Parental and Maternity Leave: The BCEA has been updated to include 10 consecutive days of unpaid parental leave for new parents. We can help you navigate the often-confusing rules around maternity leave (at least four months unpaid), adoption leave, and commissioning parental leave, and the related benefits from the Unemployment Insurance Fund (UIF).
  • Sick Leave and Medical Certificates: We provide clarity on your rights to sick leave within a three-year cycle and when an employer can legally request a medical certificate.
  • Unpaid Leave: We can advise on the proper procedures for applying for unpaid leave and the legal obligations of both employees and employers.

Protecting Your Peace of Mind - VDM Attorneys and Your Leave Rights

Why Choose VDM Attorneys?

When disputes arise over leave—from non-payment to unfair refusal of a leave request—the path to resolution can be daunting. You may have questions about:

Can my employer force me to forfeit my leave?

What happens if I fall sick while on annual leave?

Can my employer deduct unaccrued leave from my final pay?

How do I refer a leave dispute to the Department of Employment and Labour or the CCMA?

VDM Attorneys provides more than just information; we offer expert legal representation and strategic advice. We will help you understand your rights, negotiate with your employer, and if necessary, represent you in a dispute resolution forum to ensure a fair and just outcome.

Don't let your hard-earned leave be a source of frustration. Contact VDM Attorneys today for a consultation and secure your peace of mind