Annual leave entitlement

The Act states that the provisions for annual leave do not apply to an employee who works less than 24 hours per month for an employer, and these provisions do not apply to leave granted to an employee in excess of the entitlement allowed in terms of the BCEA. An annual leave cycle is a period of 12 months with the same employer, calculated from the employee’s commencement of employment, or from the completion of that employee’s previous leave cycle.

The entitlement is 21 consecutive days annual leave on full remuneration, in respect of each annual leave cycle, and if an employee works a five-day week then this is equal to 15 working days, or if the employee works a six-day week then it is equal to 18 working days. In other words, whatever number of working days falls within the 21 consecutive days, is the number of working days on full pay that the employee must be granted for annual leave purposes