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Post Info TOPIC: accumulated leave
Mike

Date:
accumulated leave
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Good Day,
I have been with my firm for almost 10 years. Due to the nature of the work it is often very difficult to take leave. Sometimes my leave has been declined or called back. Also, we do not close over Christmas. As a result I have accumulated 65 days of leave. My contract states that I am not allowed to accumulate, but my firm didn't mind and year after year allowed me to accumulate. New management wants me to run down my leave before the end of this year. Anything above 15 (our annual leave allowance) will be forfeited. This is not open to negotiation. Unfortunately this is not practical (it will seriously impede my ability to do my job as) and unfair (I would rather use my leave on my own terms when it suits i.e. when my children visit from OZ next year). I feel as if I am being punished for being a hard worker. I understand that my contract is binding but surely the 10 years of being allowed to accumulate takes precedence. Please advise



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Anonymous

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It is a very unfortunate situation, but unfortunately many wrongs dont make a right.  The problem should have been prevented from happening right from the beginnning by not allowing you to accumulate that much leave.  What is happening now is not uncommon - staff being forced to take all their leave or forfeit after a certain date.  The company is merely streamlining their procedures to be in line with labour law.  Your only option is to try to put aside some days for your famil7y;s visit next year.  Apply in writing, setting out your reasons, and perhaps the company will be reasonable.  If not, you will lose the leave you dont take. 



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Mike

Date:
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I understand that thy want to comply with labour law, but i went through the basic conditions up and down and i cant find anything that suggests that i cant accumulate my leave.

 

I also came across this. Why is this any different to my case?

http://www.labourguide.co.za/annual_leave.htm

the employer may not introduce a "use it or lose it" policy. Such a policy would be illegal, and therefore unenforceable even if the employee signs such an agreement.

The reason it is illegal is quite simply that the employee has a legal entitlement to annual leave, and the employer may not introduce rules and regulations that deprive the employee of that legal entitlement.

 



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Anonymous

Date:
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if your employer states that you have to take your leave now, then you will  have to!! this is why you should never accumulate your leave, companies are allowed to change their policies and procedures.
the quote that you provided refers to annual leave that should be taken yearly, at then end of every 12month cycle, next time, you find yourself in this predicament, just put in your leave and take it!! as stated above, explain to your employer in writing that you would prefer to take your leave when your children are here next year.. but if this means that again you are not taking leave this year, that could be an issue!! generally, leave is given when it suits the employer and not the employee unless your contract states otherwise, ie, that you area llowed to take your leave at certain time during the year.

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