Good day. Can someone please help me or give advice. We received a letter at work stating that if you don't use your annual leave within 6(six) months after finishing n years work, you loose all the annual leave of that leave cycle without remunerations, Is that legal?
In terms of Section 20(4), an employer must grant annual leave not later than 6 months after the end of the annual leave cycle. An annual leave cycle is a 12 month period which starts at the commencement of employment, and then begins anew for each 12 month period thereafter.
In terms of Section 20(4), an employer must grant annual leave not later than 6 months after the end of the annual leave cycle. An annual leave cycle is a 12 month period which starts at the commencement of employment, and then begins anew for each 12 month period thereafter.
i aggre with you, employer MUST grant and nothing else
According to the Basic Conditions of Employment Act (hereafter BCEA), an employee is entitled to at least 21 consecutive days' annual leave on full remuneration in respect of each annual leave cycle. This roughly translates to 3 weeks paid leave. Furthermore, annual leave must be granted no later than 6 months after the annual leave cycle. To this I refer you to S20(1) and S20(2)(a) of the BCEA.
Furthermore, it has to be noted that the BCEA seems to afford the employer the discretion to determine when leave may be granted (S20(5) of the BCEA), nevertheless the employer must grant the annual leave no later than 6 months after the end of the annual leave cycle in terms of S20(4) of the BCEA.
For further information I would advise that you consult an attorney.