I have resigned and have 25 days leave due to me. Can I take this leave during my notice period? I have told my employer I want to take my leave in my period of notice, but he refuses.

Section 20 (5) (b) of the BCEA states clearly that “the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment.”

This means that, in terms of the act, an employee is prohibited from taking leave during his period of notice on resignation, and the employer is prohibited from forcing the employee to take leave during any period of notice.