Legal Questions

Very simply, in labour legislation there is no such thing as study leave – it does not exist. Therefore, if the employee has such a

There is no provision in the BCEA which entitles an employee to take unpaid leave. Unpaid leave is referred to in the Act only in

Family responsibility leave is presently an allowance of 3 days on full pay per year, and if the employee does not utilise the family responsibility

Maternity leave is for months unpaid leave. The maternity leave should commence one month before the expected date of birth of the child, and that

If an employee is unable to work because of an accident or occupational disease, as defined in the Compensation for Occupational Injuries and Diseases Act,

An employee who is off sick for more than 2 consecutive days (in other words, 3 days or more) is required to produce a medical

The sick leave entitlement is the number of days that an employee would normally work during a six-week period, in every three-year cycle, calculated from

Many employers have a shutdown period over December. If this is the case, the employer is entitled to stipulate that annual leave must be taken

The employer is prohibited by section 20 (11) from paying an employee for annual leave except upon termination of employment.

The employer may not force and employee to take annual leave during any period of notice, and the employee is prohibited from taking annual leave