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  • Various stages of load shedding for the week
    Source: SAnews - South African News Published on 2022-07-04
  • Protect children from alcohol, drug abuse
    Source: SAnews - South African News Published on 2022-07-04
  • Government pursues innovative ways of linking learning with earning
    Source: SAnews - South African News Published on 2022-07-01
  • Action expected against striking Eskom workers
    Source: SAnews - South African News Published on 2022-07-01
  • Proposed changes to school infrastructure regulations
    Source: SAnews - South African News Published on 2022-07-01
  • Winter rainfall boosts dam levels
    Source: SAnews - South African News Published on 2022-07-01
  • Odendaalsrus police station closed due to OHS non-compliance
    Source: SAnews - South African News Published on 2022-07-01
  • SA calls for probe into migrant deaths
    Source: SAnews - South African News Published on 2022-07-01
  • Load shedding downgraded to stage four until 4pm
    Source: SAnews - South African News Published on 2022-07-01
  • SA reports 399 new COVID-19 cases
    Source: SAnews - South African News Published on 2022-07-01
  • Changes to 2022 tax filing season
    Source: SAnews - South African News Published on 2022-07-01
  • SACU calls for dialogue negotiation in Ukraine conflict
    Source: SAnews - South African News Published on 2022-06-30
  • Eastern Cape communities receive forestry plantations
    Source: SAnews - South African News Published on 2022-06-30
  • Work underway to finalise awarding of R17 billion SANRAL projects
    Source: SAnews - South African News Published on 2022-06-30
  • Load shedding ramps up to Stage 6 from 2pm
    Source: SAnews - South African News Published on 2022-06-30
  • Various stages of load shedding for the week
    Source: SAnews - South African News Published on 2022-07-04
  • Protect children from alcohol, drug abuse
    Source: SAnews - South African News Published on 2022-07-04
  • Government pursues innovative ways of linking learning with earning
    Source: SAnews - South African News Published on 2022-07-01
  • Action expected against striking Eskom workers
    Source: SAnews - South African News Published on 2022-07-01
  • Proposed changes to school infrastructure regulations
    Source: SAnews - South African News Published on 2022-07-01
  • Winter rainfall boosts dam levels
    Source: SAnews - South African News Published on 2022-07-01
  • Odendaalsrus police station closed due to OHS non-compliance
    Source: SAnews - South African News Published on 2022-07-01
  • SA calls for probe into migrant deaths
    Source: SAnews - South African News Published on 2022-07-01
  • Load shedding downgraded to stage four until 4pm
    Source: SAnews - South African News Published on 2022-07-01
  • SA reports 399 new COVID-19 cases
    Source: SAnews - South African News Published on 2022-07-01
  • Changes to 2022 tax filing season
    Source: SAnews - South African News Published on 2022-07-01
  • SACU calls for dialogue negotiation in Ukraine conflict
    Source: SAnews - South African News Published on 2022-06-30
  • Eastern Cape communities receive forestry plantations
    Source: SAnews - South African News Published on 2022-06-30
  • Work underway to finalise awarding of R17 billion SANRAL projects
    Source: SAnews - South African News Published on 2022-06-30
  • Load shedding ramps up to Stage 6 from 2pm
    Source: SAnews - South African News Published on 2022-06-30

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FORFEITURE OF ANNUAL LEAVE

1 min read

FORFEITURE OF ANNUAL LEAVE

Can annual leave be forfeited? The answer is YES, a non-statutory annual leave can be forfeited.

By Saai Mahlangu

 

Leave in excess of the statutory minimum is not regulated by the Basic Conditions of Employment Act (BCEA), but by the contract of employment. The parties can therefore determine by agreement how much leave may be accumulated, when it would be forfeited, etc.

In terms of the BCEA an employee is entitled, in respect of every 12 months leave cycle, to 21 calendar days’ leave. Meaning, “The number of working days’ leave to which the employee is entitled is equivalent to that which the employee would normally work in a three week period”. The employer is obligated to grant annual leave not later than six months after the end of the annual leave cycle.

The employee should apply for all the annual leave accrued in the most recent leave cycle, and this must be taken within the 6 month period after the end of the leave cycle. If the employer refuses to grant such leave, the employee may approach their union representative or alternatively the Department of Labour to assist with enforcement. If the employee fails to apply for leave or the employee does not go on leave, such leave would be forfeited.

 

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