Approved leave policy @12082004 by monkey6

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									DEPARTMENT OF AGRICULTURE AND ENVIRONMENTAL AFFAIRS LEAVE POLICY
1. INTRODUCTION The Public Service Regulations 2001 Chapter 1 Part V F and Resolution Number 3 of 1999 Part II deals with leave matters and the conditions attached to the utilisation of benefits. This policy seeks to address areas not clearly pronounced in the abovementioned prescript and collective agreement. This policy should always be read in conjunction with the latter. PURPOSE The purpose of this policy is to: Regulate the utilisation of leave benefits, conditions and delegations attached to the utilisation of the benefits. Regulate an official’s release or absence from duty for particular purpose, namely special leave. Indicate the circumstances under which the executing authority shall authorise special leave at full pay; and Indicate those responsibilities other than work, for which the employer shall not require an employee to utilise leave. APPLICABILITY The provision of this policy document shall apply to all employees of the Department who are employed in terms of the Public Service Act of 1994 as amended. SUPPORTING LEGISLATION / PRESCRIPTS (i) Public Service Act, 1994; (ii) Public Service Regulations, 2001, Part I/V/F (iii) Basic Conditions of Employment Act, 1998 DEFINITIONS “Life partner” is somebody you share your everyday life with and with whom you have an intimate relationship “medical practitioner” practitioners shall, for the purposes include all practitioners as defined by the Health Professional Council of South Africa and who are legally certified to diagnose and treat patients. “substance abuse” examples include alcohol, drugs etc. “re-scheduling” refers to a process where the manager or supervisor, due to operational requirements, recommends an alternative period or dates within the prescribed 18 month period in which the employee is eligible for and has applied for annual leave. This helps in ensuring that employees use their annual leave credits before the expiry of the prescribed period. “18 month period” commences from the beginning of a leave cycle to end of June of next year. Example, an employee qualifying for 22 working days @1 January 2004 will have until 30 June 2005 to use his/her entitlement leave.

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NORMAL VACATION LEAVE (a) A day of vacation leave is a normal work day or a day of rest where the official is required to work on that day. (b) Employees are entitled to annual leave with full pay during each leave cycle of 12 months, commencing on 1 January of each year, in terms of Annexure A. (c) A period of 10 working days leave per annual leave cycle should be taken within the leave cycle. Employees should take the initiative to plan leave in terms of his/her work programme. He/she should consult with his/her supervisor. (d) Where leave has been declined due to service delivery requirements, leave must be re-scheduled within the prescribed 18 month period (e) The remaining days shall be utilised within an 18 month period. All remaining unused leave shall be forfeited. However, where leave has been declined due to the employer’s service delivery requirements, and if such a decline will result in the payment of leave, the Head of Department must approve it. This must be done in exceptional circumstances and be paid at the end of the 18 month period. (f) The Department shall not unreasonably refuse to grant leave to employees who apply, taking into consideration service delivery requirements. ANNUAL LEAVE ACCRUALS AND LEAVE PAYOUTS (a) The cash value in respect of unused annual leave entitlement shall be payable at termination of service. (b) The limit for leave payouts is increased from a maximum of 22 days to a maximum of the employee’s actual entitlement. ANNUAL LEAVE ACCRUED BEFORE 1 JULY 2000 (a) Employees, who in terms of the dispensation applicable prior to 1 July 2000 have earned audited leave accruals in terms of that dispensation shall retain the same. The employer shall pay such accrued leave on: (1) death (2) retirement, or (3) medical boarding. (b) Payment of annual leave credits is as follows: Salary notch x credits 261 The leave records of all officials have been audited and a capped leave balance determined as at 1st July 2000. The Department shall allow employees to utilise their accrued leave credits in conjunction with their supervisors with due regards to the service delivery requirements.

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(c) (d)

9. (a) (b) (c)

SICK LEAVE Employees are entitled to 36 workings days sick leave with full pay over a three-year cycle. Unused sick leave shall lapse at the expiry of the three-year cycle. Sick leave may also be granted in respect of periods where an employee must be quarantined or isolated for at least 10 consecutive days. If an employee is unable to report for duty due to sudden illness, he or she must immediately notify his or her immediate supervisor of his or her inability to report for duty.

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(d)

(e) (f) (g)

Employees who apply for three or more day’s sick leave days must submit a certificate from a registered and recognised medical practitioner as defined by the Health Professional Council of South Africa, citing the reason and duration of absence. In instances where a pattern in the utilisation of sick leave has been established a certificate may be required for absences of less than three working days. For every 15 consecutive days leave taken without pay an employee’s sick leave entitlement shall be reduced by 1/36 th per sick leave cycle. If an employee falls ill whilst on annual leave with full pay such leave may be converted to sick leave provided that a certificate from a registered medical practitioner is submitted to substantiate the indisposition. TEMPORARY INCAPACITY LEAVE (a) An employee whose normal sick leave credits in a cycle have been exhausted and who, according to the relevant practitioner requires to be absent from work due to incapacity which is not permanent, may be granted sick leave on full pay provided that: (i) His or her supervisor is informed that the employee is ill. (ii) A relevant registered medical or dental practitioner has certified such a condition in advance as Temporary Incapacity except where conditions do not allow this. (b) The approval of temporary incapacity leave is delegated to the Manager : Human Resource Management who will consider requests on the basis of medical evidence and individual circumstances. (c) The employer shall during 30 working days, investigate the extent of incapacity to perform normal official duties, the degree of incapacity and the cause thereof. Investigations shall be in accordance with Item 10(1) of Schedule 8 in the Labour Relations Act of 1995. In the investigation the employee should be allowed the opportunity to state his/her case in response to allegations and to be assisted by a trade union representative or a fellow employee. (d) The employer shall complete the investigations within 30 working days, unless circumstances warrant a further period at the discretion of the Head of Department. PERMANENT INCAPACITY (i) Employees whose degree of incapacity has been certified by a competent medical practitioner as permanent shall, with the approval of the Head of the Department be granted a maximum of 30 working days paid sick leave, or such additional number of days required by the employer to finalise the processes mentioned below. (ii) The employer shall within 30 working days, ascertain the feasibility of alternative employment; or Adapting duties or work circumstances to accommodate the employee. (iii) If the redeployment necessitates reallocation to a job of a lower grading, such should be explained well in advance and the continued utilisation of such an employee should in this regard be with his or her written consent. (iv) In instances where the employee’s redeployment entails retraining or retooling, the employer shall take requisite resources (time and financial) and potential returns into consideration before approving redeployment. (v) The redeployment of an employee’s services should ensure the optimal utilisation of his or her competencies and should not compromise service delivery. (vi) If the employer or employee are convinced that the employee will never be able to

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render an effective service at his or her level or rank, the employer should proceed with an application for termination of service due to ill-health in terms of the Government Employees Pension Act of 1996 or the employer may initiate the procedures in terms of the PSCBC Resolution 12 of 1999 (Incapacity Code and Procedures in respect of ill Health), to terminate the employment of the employee after following a fair procedure. 12. LEAVE FOR OCCUPATIONAL INJURIES AND DISEASES (a) Employees who, as a result of their work, suffer occupational injuries or contract occupational diseases shall be granted Special Leave for the duration of the period they cannot work. The approval of this leave is delegated to the Manager : Human Resources Management. (b) If an employee who suffers work-related injury as a result of an accident involving a third party, the employer may grant him or her Special Leave provided that the employee: (i) Brings a claim for compensation against the third party ; and (ii) Undertakes to use compensation (in terms of the Compensation for Occupational Injuries and Diseases Act of 1993) received to recompense as far as possible the cost arising from the accident. (c) The employer shall be obliged to take reasonable steps to assist the employee to claim compensation according to (b) above. MATERNITY LEAVE An employee shall receive four consecutive calendar months paid maternity leave for each confinement. If an employee has utilised all her maternity leave and wishes to extend the leave as a result of complications arising from confinement, she shall (i) Utilise available vacation leave and/or (ii) Receive up to 184 calendar days unpaid leave. An employee who experiences a miscarriage, still birth or termination of pregnancy after starting paid maternity leave: (i) Shall be entitled to 6 weeks paid leave, and (iii) Thereafter she may utilise sick leave for days taken off as a result of the miscarriage, still birth or termination of pregnancy. An employee may commence maternity leave: (i) At any time before four weeks of the expected date of birth, unless otherwise agreed. Should the employee not commence her maternity leave four weeks prior to the expected date of birth the employer must ensure that an indemnity form is completed. (ii) On a date from which a registered medical practitioner or midwife certifies that it is necessary for the employee’s health or that of her unborn child. No employee may work for six weeks after the birth of her child unless a medical practitioner or a midwife certifies that she is fit to do so. FAMILY RESPONSIBILITY LEAVE Employees shall be granted 3 days leave per annual cycle for utilisation if: (i) The employee’s spouse or life partner gives birth to a child; (ii) The employee’s child, spouse or life partner is sick; (iii) The employee’s child, spouse or life partner requires their presence to fulfill their family obligation.

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(c)

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(b)

(c)

(d)

(e)

Employees shall be granted 5 days leave per annual leave cycle for utilisation if: (i) The employee’s child, spouse or life partner dies; or (ii) An employee’s immediate family member dies, ie. Employee’s parents, adoptive parents, spouse’s parents, children, adopted children, grand children and siblings. The number of family responsibility leave days taken according to 14(a) and 14(b) above shall not exceed five days in an annual leave cycle, unless special circumstances warrant further leave at the discretion of the Head of Department. The supervisor must satisfy themselves that the circumstances are such that the family responsibility leave is appropriate. You will be required to submit proof of the above incidents for your application to be approved. Employees who have used all their Family Responsibility Leave shall: (i) Use available vacation leave and/or (ii) Use up to 184 calendar days of unpaid leave. ADOPTION LEAVE An employee who adopts a child that is younger than 2 years, shall qualify for adoption leave to a maximum of 45 working days, thereafter 14 (e)(i) and 14 (e)(ii) shall apply. If both spouses or life partners are employed in the Public Service, both partners will qualify for adoption leave provided that the combined leave does not exceed 45 working days. SPECIAL LEAVE Types, events and conditions under which special leave will be granted, subject to the maintenance of service delivery. Examinations Special leave may be granted to an official for the day on which he/she sits for any examination which in the opinion of the Training Committee will better equip the person concerned for their career in the Public Service, to a maximum of six days per semester. The provisions of subparagraph (a) may be applied only once in respect of a re-examination or an examination which an official failed and which he/she has to repeat.

15. 15.1 15.2

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16.1 (a)

(b)

16.2 PART-TIME STUDY 16.2.1 Part-time study: Preparation for examination Three days per subject to the maximum of ten days per semester, on the condition that the Head of department or his/her delegate is satisfied that the person studies in the field, does preparatory work etc. which is in the interest of the Public Service. In these instances consideration of each application must be based on its merit. This leave may be granted in the following circumstances: (a) Part-time studies and/or studies by means of correspondence when leave is required for essential preparatory work or research work for the purposes of examinations, which must be substantiated by a timetable.

16.2.2 Part-time study: Attendance of classes during a consecutive period Special leave may be granted to a maximum of the prescribed period by the educational institution, on the condition that the Head of department is satisfied that the person studies in the field, does preparatory work etc. which is in the interest of the Public Service. In these instances consideration of each application must be based on its merit. (a) Research work and/or thesis for a post graduate qualification. Special leave must be granted with due consideration to the requirements of the educational institution

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(b)

(c)

which must be substantiated by documentary proof. Attendance at a preparatory course with a view to sit for a qualifying examination in order to obtain admission to a particular field of study. Special leave must be granted with due consideration to the requirements of the educational institution, which must be substantiated by documentary proof. Practical work required as a prerequisite for registration in a particular profession. Special leave must be granted with due consideration to the requirements of the educational institution, which must be substantiated by documentary proof. Full-time study This leave is awarded on the basis of demonstrated benefit to the department and is dependent on the requirements of the study institution. Special study leave will be awarded on the basis of an official’s proposal, which demonstrates value to be gained for the department. (a) Special studies outside the Republic Limited to six (6) months special leave which may be extended by a further two (2) months in exceptional circumstances. Approval/extension of this special leave is delegated to the Head of Department. (b) Study which requires practical work for a particular period annually. Not to exceed a total of sixty (60) working days per annum. Special leave on this basis must be granted with due consideration to the requirements of the educational institution, which must be substantiated by documentary proof.

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Attendance of classes during office hours (i) An official who studies part-time and/or by means of correspondence at a recognised educational institution and who is required to be absent from his or her place of work, may be released from duty on condition that he or she takes one day’s special leave, for every eight hours, he or she is so released from duty, to a maximum of sixty (60) working days per annum. (ii) An official who repeats a course or part thereof may, with the approval of the Training Committee, be released from duty on condition that he or she takes one day’s special leave with or without pay, for every eight hours, he or she is so released from duty. This may not exceed sixty (60) working days per annum. This provision is also applicable to an official who repeats a course or part thereof for the first time and can only be utilised once. (iii) The granting of leave privileges as set out in paragraph 16.4 are subject to the Training Committee being satisfied that the studies are in the interest of the Public Service. All matters relating to training must be communicated to the Training Committee. Sport purposes For each day the official takes a day vacation leave with full pay, the Department will grant one day special leave with full pay when he/she: Is selected by a recognised amateur sports association to: (i) Take part in a sports tour outside the Republic; or (ii) Represent South Africa at an international sporting event within the Republic; or (iii) Accompany a foreign national team visiting the Republic as a representative of the

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(b) (c)

South African Sports Association organising the tour; and Serve as a referee, official or judge at an organised amateur sports meeting at international level. Is selected by a recognised amateur sports association to take part in sport within the Republic at inter-provincial level or a level between Provincial and National level or against an international team. Transfer One day special leave may be granted to an official who is transferred at State expense, at the Headquarters from which he/she is transferred, and one day special leave at the Headquarters to which he/she is transferred, to supervise the packing/loading and unloading/unpacking of personal effects. Segregation or isolation on medical grounds Special leave may be granted to an official as a result of segregation or isolation on medical instruction where he or she was in contact with a person who has contracted or suspected of having contracted, an infectious or contagious disease as a result of the execution of his/her duties. This is subjected to a medical certificate from a registered medical practitioner substantiating the reasons therefore. Disabled Personnel Special leave may be granted to a disabled official for the attendance of orientation courses or training courses designed to assist them in handling specific aspects of their disability, such as a blind person attending training in guide dog handling, and an injured person attending occupational therapy. The approval of special leave for this purpose is delegated to the Head of Directorate.

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16.10 Natural disaster Special leave may be granted to an official if the area in which he or she works or normally resides is struck by a natural disaster and it is impossible for the official to continue with his or her duties at that time. Approval will be granted by Head of Department or his/her delegate. 16.11 The granting of special leave for military purposes Special leave may be granted to an official when he or she is required to perform military service. The approval of special leave for this purpose is delegated to the Assistant Manager. 16.11.1All applications for special leave must be supported by applicable documentation. 16.12 Those responsibilities other than work for which the employer shall not require an employee to utilise leave An official is not regarded as being absent from duty and therefore shall not utilise leave in the following instances: 16.12.1 When he or she has to appear as a witness (a) in a court case; (b) in a misconduct case; (c) before a commission of inquiry appointed by the State; or (d) at an inquest. 16.12.2 When he or she has to appear as a defendant or co-defendant in a civil court case arising from his or her official duties.

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16.12.3

16.12.4 16.12.5

16.12.6

When he or she attends a course, lecture etc. presented by a State department or the private sector for which he or she has been given permission to attend by his or her supervisor or manager. When he or she assists or represents an official during a disciplinary enquiry or in a conciliation board or during an investigation into a complaint or grievance. When he or she as an office bearer, shop steward or recognised office bearer of an employee organisation is involved in labour relations issues deemed to be in the interest of the employer such as, dissemination of information, briefings and training. When he or she is absent from duty (a) as the aggrieved person during an investigation into his or her complaint or grievance; (b) as the person charged with misconduct during a disciplinary or misconduct enquiry; and (c) as the person utilising a conciliation board.

16.13 Rehabilitation for substance abuse Special leave may be granted to an employee for the purpose of rehabilitation from alcohol and/or drug substance abuse. Special leave will be granted for once of period only to a maximum of sixty (60) working days, on condition that treatment is completed and a medical certificate and completed report is compiled by a medical practitioner or a recognised institution is submitted to the Department. 17. 17.1 CONDITIONS UNDER WHICH LEAVE WITHOUT PAY APPLIES Vacation Leave 17.1.1 If an employee has utilised all his/her vacation leave, the Head of Department or his/her delegate may grant the employee unpaid vacation leave. Only in exceptional cases shall the employer grant more than 184 days on unpaid vacation leave in a period of 18 months. 17.1.2 The employer must for any unauthorised leave consider Leave Without Pay if the employee fails to provide an acceptable reason for his/her absence to his/her supervisor. If reasons provided by the employee are acceptable to the supervisor, vacation leave may be granted in lieu of the number of days taken. However, if the reasons are unacceptable, the supervisor must forward those reasons to Human Resources accompanied by his/her written motivation as to why Leave Without Pay should be considered. Disciplinary action must also be instituted. 17.1.3 Unsatisfactory period for the treatment of substance abuse on completion of medical certificate and medical report compiled by a medical practitioner is obtained. 17.1.4 An employee shall utilise unpaid leave for absence from work due to: (a) Arrest, imprisonment or appearance in court on a criminal charge that leads to a conviction; or (b) A criminal sentence. Sick Leave 17.2.1 Failure to provide medical certificate from registered Practitioner on request to justify leave (where a pattern has been established) and if an employee has taken three or more consecutive days sick leave. 17.2.2 Failure to provide a compelling reason for failing to submit the medical certificate. 17.2.3 The employer may grant unpaid sick leave to an employee who has used all of his/her

17.2

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paid sick leave. 17.2.4 The employer may grant the employee leave without pay if he/she did not timeously inform the supervisor of his/her illness. 18. LEAVE FOR OFFICE BEARERS OR SHOP STEWARDS OF RECOGNISED EMPLOYEE ORGANISATIONS Office bearers or shop stewards of recognised employee organisations shall receive up to 10 days paid leave per annum for activities related to his/her union position. Leave is granted on condition that the officials status within the employee organisation is recognized by the Department and prior authority is granted for any periods of absence. ROLES AND RESPONSIBILITIES The human resource component is responsible for:(a) Administering approval of leave not reflected under paragraph 19.2 (b) Administering and ensuring consistent application of this policy. (c) Assisting line managers, supervisors and employees in the administration and application of this policy. (d) Monitoring and recording of (capturing on Persal and filing on the leave file) leave. (e) Ensuring the annual auditing of all employees leave files Managers are responsible for approving the following leave types:(a) Vacation (b) Normal sick (c) Maternity (d) Family responsibility (five days in an annual cycle only) (e) Special leave (with exception of leave for natural disaster and rehabilitation for substance abuse) (f) Leave for office bearers or shop stewards of recognized employee organisations IMPLEMENTATION AND REVIEW This policy is effective once approved. The Human Resource Management: Policy Formulation will review the policy on an annual basis unless input or feedback and mandates dictate an earlier review.

19. 19.1

19.2

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N Inderpaul c/h& d21/ amend leave policy @12082004…

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