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 terms of what the employer is entitled to do when an employee’s sick leave or annual leave has been exhausted – the employer may then allow (or require) the employee to take unpaid leave. However, there is no provision in the Act that allows an employee to demand that he/she be permitted to take unpaid leave.
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