Today's Big Stories

10 FAQs on employee leave answered

Disputes over employee leave are never ending, explains labour lawyer Michael Bagraim.

He says he is constantly confronted with different legal issues when it comes to leave entitlement.

According to Bagraim, some employers deliberately ignore labour laws while others can be misguided.

He sets the record straight on many common questions regarding leave rights here:

1. Companies that require doctor's certificates for sick leave taken on Monday or Friday.

Despite it being a common HR practice, Bagraim says this policy is not legal.

Employers can only ask for sick notes when workers are away for two consecutive days or on more than two occasions during in 8-week period.

Michael Bagraim, labour lawyer

2. Can employers refuse workers leave and offer cash incentives instead?

Bagraim says this is unlawful and infringes on the Basic Conditions of Employment.

3. Do employees still accrue their annual leave days whilst on maternity leave ?

Every employee is entitled to 21 consecutive days annual leave on full remuneration (laws further says that 1 day annual leave is granted for every 17 days worked or entitled to be paid).

This is a problem. I got a hold of the Department of Labour and one inspector said yes and other said no.

Michael Bagraim, labour lawyer

4. Leave entitlement is different depending how many consecutive days a week an employee works.

For example, if you work a three day week for an employer then you're entitled to 9 days per annum per leave.

Michael Bagraim, labour lawyer

5. When you want to take leave verses when your employer wants you to: who makes the call on when you get to take the leave?

The employer does call the shots, but they can't to do it to the detriment of the employee, resulting in unfair practice. What happens when your employer tells you when you can take leave?

Michael Bagraim, labour lawyer

6. Can accumulative leave that be carried over into the new cycle?

Only for the first six months.

7. Do contract and permanent workers have the same leave rights?

Yes.

8. Can employers withhold leave pay-outs if workers resign without notice?

No. He says that companies cannot withhold leave, but can take legal action against employers.

You can't take a persons leave away. It's a persons right. Taking their leave away is tantamount to theft.

Michael Bagraim, labour lawyer

9. If companies give sick/annual leave in advance can they expect it to be "paid back" after resigning.

You can't claim back leave that has been taken in advance, or in overdraft as it where.

Michael Bagraim, labour lawyer

10. Falling sick while scheduled to be on annual leave...

If an employee has leave approved, but falls is and is booked off by a doctor during that time, they are able to claim sick leave if they can provide proof of incapacity.

This becomes sick leave and you still have your leave owing. You'd have to be accredited back with your annual leave.

Michael Bagraim, labour lawyer

Listen to the full conversation from The Pippa Hudson Show:

Read More
Veterans and ANC not on same page about terms of consultative conference

Veterans and ANC not on same page about terms of consultative conference

ANC vets want civil society groups present at the consultative conference, which they want held separately from another meeting.

Top SABC journos applauded for brave testimony

Top SABC journos applauded for brave testimony

EWN's Gaye Davis summarises the evidence of the SABC journalists who appeared before the ad hoc committee in Parliament.

If you're gona be a hero (and smash a car window), make sure you can prove harm

If you're gona be a hero (and smash a car window), make sure you can prove harm

A criminal lawyer explains what leg citizens can stand on if they witness a child or pet locked in a vehicle in risky conditions.

SABC 'in contempt of court' if Motsoeneng reports for duty, says DA

SABC 'in contempt of court' if Motsoeneng reports for duty, says DA

The DA's James Selfe says it is not clear whether SABC's Hlaudi Motsoeneng will be either fired or suspended pending an inquiry.

Tweeps throw shade as court shows Motsoeneng the door

Tweeps throw shade as court shows Motsoeneng the door

A judge has ruled that Hlaudi Motsoeneng should not hold any position at the SABC and Twitter has wasted no time reacting.

Why family traditions matter

Why family traditions matter

Whether it's breaking bread or celebrating through song and dance, family rituals and traditions can create a sense of belonging.

Popular articles
Money makes the world go 'round (but sex makes it spin!)

Money makes the world go 'round (but sex makes it spin!)

Bruce Whitfield interviews "Dr Eve" Wasserman about her attitude to money (hopes and fears, successes and failures, etc).

Earn peanuts? How to best invest very small amounts...

Earn peanuts? How to best invest very small amounts...

Got a spare R200 or R300 a month? Here’s how to make that money work hard and grow…

How Naspers paid peanuts for Tencent (China’s most valuable company)

How Naspers paid peanuts for Tencent (China’s most valuable company)

In 2001 Naspers invested $32 million in (then tiny) Tencent. Learn more about the wildly profitable Chinese behemoth...

Once homeless CEO Frank Magwegwe opens up about his money hopes and fears

Once homeless CEO Frank Magwegwe opens up about his money hopes and fears

What does the wealthy executive who once lived on streets, selling fruit, believe about money?

How to make your first million

How to make your first million

Warren Ingram discusses his new book in which he shares practical ways for ordinary people to achieve financial freedom.

What does Phuti Mahanyele (Forbes Businesswoman of 2014) hope for... and fear?

What does Phuti Mahanyele (Forbes Businesswoman of 2014) hope for... and fear?

Each week Bruce Whitfield interviews a famous person about her or his attitude to money. Enter the powerful Phuti Mahanyele...

Blesserfinder: Matching you with a sugar daddy near you

Blesserfinder: Matching you with a sugar daddy near you

Is social trend Blesserfinder, where girls are allegedly matching up with rich 'benefactors' in exchange for sex, a real thing?