IMPROVEMENT IN THE CONDITIONS OF SERVICE IN THE PUBLIC SERVICE
Leave (Resolution 7 of 2000)
SCOPE rate of one day’s pay for every 17 days worked. The cash value in respect M ATERNITY LEAVE
of unused leave credits shall be payable at termination of service.
Employees shall be paid accrued leave up to a maximum of 22 days.
The agreement applies to the employer and all employees who are An employee may take at least four months paid maternity leave. This leave
employed by the Sate and falling within the registered scope of the Public A leave gratuity payable in respect to an employee who dies may be paid may start at any time from four weeks before the expected date of birth or
Service Co-ordinating Bargaining Council. directly to the employee’s beneficiaries (surviving spouse or children or any when a doctor or midwife certifies that leave is necessary for the health of
other person as nominated by the deceased), or, as a last resort, to the the mother or the child. An employee must notify the employer in writing if
ANNUAL LEAVE employee’s estate.” she can write, of the date on which she wants to start maternity leave.
Should the employee wishes to extend the leave as a result of
Note: Employees who in terms of the dispensation applicable prior to 1 July complications, she shall utilize available vacation leave and/or receive up to
An employee must have at least 21 leave days a year starting from the date 2000 have earned audited leave accruals in terms of dispensation, shall 184 days unpaid leave and/or sick leave due to her.
of employment, or one day’s leave for every 17 days worked, or one hour for retain the same. The employer shall pay such accrued leave on death,
every 17 hours worked. If an employee has any leave days left he/she may retirement and/or medical boarding. An employee who experiences a miscarriage, still birth or termination of
take that leave within six months of the next year of employment with the pregnancy after staring paid maternity leave is entitled to 6 weeks paid leave
same employer. SICK LEAVE and thereafter may utilize sick leave.
An employee shall accrue leave days per annual leave cycle as per the Note: An employee must not work for six weeks after delivery, unless a
(Annexure A of Resolution 7 of 2000). It is compulsory for employees to Sick leave works in a three-year cycle. An employee shall be granted 36 doctor or midwife certifies that she is fit to do so.
utilise 10 working days per annual leave cycle but taking into account working days sick leave with full pay in a three-year cycle. An employee may
sectoral service delivery. take one day’s paid sick leave for every 26 days worked during the first six A pregnant employee or employee nursing her child is not allowed to
months of employment and thereafter an employee may take the number of perform work that is hazardous to her or her child.
The remaining days shall be utilised within an 18 month period thereafter the days he/she normally works in six weeks during every three year cycle.
remaining unused leave shall fall away. Where leave due is not taken due Adoption leave shall be granted to a maximum of 45 working days to an
to the employer’s service delivery requirements, such leave shall be paid at An employee may be requested to produce a valid medical certificate if employee who adopts a child who is younger than two years. If both partners
the end of the 18 month period. he/she has been absent from work for three or more consecutive days. If the are employed in the public service they will both qualify for adoption leave
employee does not have a valid medical certificate the employer does not provided that the combined leave does not exceed 45 days.
Note: Employees have a right to unpaid leave and must apply in writing. have to pay an employee. The medical certificate must be issued and signed
Annual leave may not be taken during sick leave or notice period. by a medical practitioner or any as defined by the Health Professionals FAMILY RESPONSIBILITY LEAVE
An employee may not work during leave or be paid instead of leave except Council of South Africa (Medical and Dental Practitioners) and who are
when leaving the job. Public holidays are not counted as leave. legally certified to diagnose and treat patients”. Unused sick leave shall
credits shall lapse at the end of a three year cycle. An employee who has been with an employer for longer than four months
Office bearers or shop stewards of recognised employee organisations shall and who works for at least four days a week for the same employer may
receive up to 10 days paid leave per annum for activities related to their Temporary incapacity leave may be granted on full pay provided that the take 3 days paid family responsibility leave per annual leave cycle. Family
union position employee’s supervisor is informed of the employee’s illness and a relevant responsibility leave may also be granted when the employee’s spouse or life
registered medical and/or dental practitioner has duly certified such a partner gives birth to a child; or in the event that the employee’s child,
ANNUAL LEAVE FOR NON-TEACHING STAFF AT SCHOOLS/TRAINING condition in advance as a temporary disability except where conditions do spouse or life partner is sick
INSTITUTIONS (Employed in the various Schools and Education and not allow.
Training Institutions) The employer may during 30 working days investigate the extent of An employee shall be granted leave not exceeding 5 days per annual leave
incapacity to perform normal official duties, the degree of incapacity and the cycle for utilization, unless special circumstances warrant further leave at the
Non-teaching staff at schools and training institutions shall be entitled to 27 discretion of the employer, if the employee’s child, spouse or life partner
working days annual leave of which at least 22 of the 27 working days cause thereof, in accordance with item 10(1) of Schedule 8 of the LRA.
dies; or in the event that an employee’s immediate family member dies.
annual leave must be taken during the period for which a
Permanent incapacity leave may be granted up to a maximum of 30
school/education/training institution closes for the holidays. The remaining 5 Should an employee wish to extend leave, vacation leave and/or unpaid
working days paid sick leave or such additional number of days required by
days may be taken when the institution is in operation. leave not exceeding 84 days may be utilized.
the employer to finalise the process referred to above. The employer shall
within 30 working days ascertain the feasibility of alternative employment or Unpaid leave may be granted only in exceptional circumstances.
If an employee is not required at the institution during the period(s) when the
institution closes for holidays, an employee may utilise his/her annual leave adapting duties or work circumstances to accommodate the incapacity.
Note: An employee maybe granted 184 days (or more, in exceptional
entitlement and/or paid time off granted by the employer. circumstances only) unpaid vacation leave in a period of 18 months due to
Occupational injury and diseases leave shall be granted to an employee
who suffers occupational injury or contract occupational disease as a result arrest, imprisonment or appearance in court on a criminal charge that leads
Based on principles of fairness and equality- the head of the institution in to a conviction or a criminal sentence.
collaboration with the employee concerned should plan and schedule annual of work or a work related injury as a result of an accident involving a third
leave and holidays constituting time off at the beginning of a leave cycle, i.e. party provided that the employee brings a claim for compensation against
the third party and undertakes to use compensation in terms of COIDA to RELEVANT LEGISLATION
January of each year.
recompense for the costs arising from the accident.
PAYMENT Note the employer shall be obliged to take reasonable steps to assist the
employee to claim compensation in terms of COIDA. Basic Conditions of Employment Act, ss19–27
An employee must be paid in full during leave. Leave pay should be paid
before the leave starts or on employee’s normal payday. If an employee * Summary of Improvement of Condition of Service in the Public Service
leaves the job he/she must be paid for any leave accrued but not taken at a (Resolution 7 of 2000 & 15 of 2002)
PSCBC Info Sheet: aa81dd51-5f24-4d4c-826a-5444c140d92f.doc
FOR MORE INFORMATION CONTACT THE PSCBC OFFICES ON (012) 644-8100