Do you need further help

with problems at work?

   JOBS

 

  
Home    Advice  
 
Labour Protect Advice Forum -> Labour Protect Advice Forum -> Company leave policy in conflict with the BCEA?
Post Info TOPIC: Company leave policy in conflict with the BCEA?
Anonymous

Date:
Company leave policy in conflict with the BCEA?
Permalink   
 

Hello

This question relates to statutory leave (15 days) for full time employees.

 

The BCEA in chapter 3 section 20.2 specifies that 'an employer must grant and employee at least 21 consecutive days leave on full remuneration in respect of each annual leave cycle'.

This is the 15 workings days plus weekends.

My understanding of the BCEA is that as such the employee is entitled to this 'should they so wish to have it or use it.

Is an employee within their rights to utilize this leave as they see fit during the leave cycle? (i.e. not the full 3 weeks or is this mandatory)

Is a company policy that stipulates employees must use the statutory leave in tranches of 10 and 5 days only (2week and 1 week) in contravention of the act?

Assuming the leave is being fully utilized during the leave cycle in question, and not accumulated in anyway past that, can the company dictate how an employee utilizes this leave ( 10 and 5 days consecutively ONLY)

Essentially the employee wants to use his leave in shorter tranches throughout the year, it does not impact on company operations and is fully used up by the end of the cycle.

When referencing the BCEA I see no problem with this, but a problem with the company leave policy that dictates how the leave is to be used.

 

Any clarification would be most appreciated.

Thx

 

 



__________________
Anonymous

Date:
Permalink   
 

Any input on this one please?

 



__________________
Labour Protect

Date:
Permalink   
 

Good day,

The BCEA merely states that the employer must make the leave available at the end of each annual leave cycle. Logically speaking it is perfectly reasonable for an employer to stipulate in what way leave should be taken. For instance if the employer owns a restaurant and all of a sudden his staff (waiters and waitresses) decide that they want to go on vacation together during December. December would be the busiest time for the employer. Would it not be reasonable for an employer to say no? Therefore would it not be reasonable for an employer to stipulate how employees may take leave in relation to his business interests?

I would advise that instead of challenging the company policy, maybe it would be better for you to try and negotiate a way  to take annual leave in accordance with your wishes. Remember that if you seek to challenge the company policy, then the employer will have to find a solution that will apply to all the employees and which suits his/her business interests as well. This solution may not be the solution that you want.

LP



__________________
Anonymous

Date:
Permalink   
 

Hi LP

 

Thank you for your input.

Logically speaking it is perfectly reasonable for an employer to stipulate in what way leave should be taken. For instance if the employer owns a restaurant and all of a sudden his staff (waiters and waitresses) decide that they want to go on vacation together during December. December would be the busiest time for the employer. Would it not be reasonable for an employer to say no? Therefore would it not be reasonable for an employer to stipulate how employees may take leave in relation to his business interests?

The above is perfectly understandable, however it is not the precise point of my query.

The company is not stipulating, in this case 'when' leave should or can be taken based on operational needs as indicated in your example, it is stipulating 'how' the statutory leave can be taken at any point of time during the leave cycle!

In effect you can take the leave at any time, if agreed by employee and employer as being a suitable time. The 15 days statutory leave they are insisting is taken in at very least, 2 blocks (10 days and 5 days) consecutively. Should you wish to take it all at once that is also fine.

Can one be forced  to take the statutory leave consecutively, considering there are no operational restrictions requiring this?

My understanding is that the employee is 'entitled' to take it consecutively, but not compelled to do so by the act?

The BCEA I believe makes provision for this in in Chapter 3 section 20.7 referring to the occasional days taken by an employee.

An employer may reduce an employee’s entitlement to annual leave by the number of days of occasional leave on full remuneration granted to the employee at the employee’s request in that leave cycle.

Effectively, the new policy prevents or takes away ones freedom to take the statutory leave 'occasionally', and forces one to take it in full or in 2 chunk sizes, which seems to be less than what the BCEA allows for?



__________________
Labour Protect

Date:
Permalink   
 

I have spoken to the attorneys about your issue and they believe that if the issue is in fact the way in which you are forced to take leave consecutively then perhaps your employer might be pushing it a little. I would therefore advise that you consult a labour law attorney. 

 

LP



__________________
Page 1 of 1  sorted by
 
Labour Protect Advice Forum -> Labour Protect Advice Forum -> Company leave policy in conflict with the BCEA?
Tweet this page Post to Digg Post to Del.icio.us