Mukhanyo Community Development Centre (MCDC) t/a Masibambisane MCDC Plot 1 KwaMhlanga MPUMALANGA P O Box 594 KwaMhlanga, 1022 South Africa Masibambisane “Let us bear the burden together” together” (Association incorporated under Section 21) 2003/009302/08 030-072-NPO Tel: + 27 13 947 2181 Fax: + 27 13 947 2179 Cell: +27 83 228 4903 E-mail: email@example.com Website: www.mcdc.org.za LEAVE REGULATIONS FOR PERSONNEL INDEX 1. INTRODUCTION 2. DEFINITIONS 3. VACATIONAL LEAVE. 4. SICK LEAVE 5. SPECIAL LEAVE 6. LEAVE WITHOUT PAY 7. MATERNITY LEAVE 8. DUTY ON PUBLIC HOLIDAYS 9. LEAVE IN ADVANCE 10. CALCULATION OF LEAVE 11. APPLICATION FOR LEAVE 12. PAYMENT IN LIEU OF LEAVE 13. REMUNERATIVE EMPLOYMENT DURING LEAVE PERIOD Directors: Dr. PJ Buys (Chairman), Melanie Streicher (Executive Director), Matthew Pieterse (Financial Director) -2- 1. INTRODUCTION A revised edition of the leave regulations for salaried personnel which includes all amendments up to 30 November 2005. It is expected of employees to carefully study these regulations as a sound knowledge of the contents thereof is essential. This document remains the property of the Organization and should be returned by employees to the Personnel Department on termination of service. 2. DEFINITIONS Unless the context indicates otherwise, the following words shall bear the meanings respectively assigned to them. Calendar days consecutive days Company or MCDC the employer organization Earnings Employee Employer an employee’s basic salary and any allowances payable; a member of the employer’s personnel; Mukhanyo Community Development Center or associated community projects by whom the employee is employed; Leave date Leave year every year on the employee’s date of employment; the period of every 12 months starting on the employees date of employment Management Service any member of MCDC or a nominee; uninterrupted service with the organization. 3. VACATIONAL LEAVE Every year on the employee’s leave date a total of 21 days vacational leave (15 working days) accrues to an employee. An employee is credited monthly with vacational leave. The organization’s activities are limited during the December holidays from 16 December and the 3 weeks thereafter. It is expected that personnel should take their annual leave during this period except where indicated different by Head of Department. -3- 4. SICK LEAVE Ten days sick leave accrues (annually) to an employee on his date of employment and is cumulative to a maximum of 36 days. Sick leave is calculated pro rata for part of a leave year. Further sick leave may be authorized by the Director or his nominee. Sick leave is granted only if satisfactory proof can be given that the applicant is unfit for work owing to illness not caused by misconduct or negligence. An application for sick leave from the first day of absence must be submitted with a certificate issued by a registered medical practitioner. The organization may at any time request an employee on sick leave, or who has applied for sick leave, to submit himself for examination by a registered medical practitioner or medical board nominated by the organization. In terms of these regulations sick leave shall only be granted to an employee if he is prevented by illness from performing his duties and has consequently been confined to hospital, his home or his room. Sick leave may also be granted, in the case of serious illness, for the period that an employee may require to regain his health sufficiently to resume duties. Sick leave is not intended for employees feeling “run down” or in need of a “change”. Vacational or unpaid leave must be taken by such employees. Sick leave for nervous complaints, insomnia, debility and similar ill-defined illness or indisposition may be granted only if the employee’s divisional head is convinced that his state of health incapacitates him for duty and did not arise from his neglect of taking vacational leave. 5. SPECIAL LEAVE 5.1 STUDY LEAVE, EXAMINATION LEAVE, TRAVELLING TIME AND FINANCIAL AID The company will consider granting study leave and examination leave to employees who, in the opinion of the company, have the necessary talent and ability and who enrol for an approved diploma, degree or certificate course. 5.1.1 Study Leave Study leave with pay may be granted to attend classes prescribed by the curriculum of the course concerned, subject to the following restrictions: (a) One working day every second week (or half a working day every week) to attend classes. (b) Fifteen working days per year for post graduate studies to attend vacation schools (eg to obtain MBL at Unisa). -4Additional days may be granted to attend study schools on the sole discretion of the Board of Directors. (c) One working day study leave for each examination paper to be written and for which an employee qualifies for study leave. 5.1.2 Travelling time Employees that qualify for study and examination leave according to the leave regulations can also apply for special paid leave for travelling time if the center where the examination(s) are to be written is far away from his/her normal residence or working-place, subject to the following conditions: (a) (b) Each application for travelling time will be evaluated on merit. The employee must be able to prove that the examination(s) are to be written at the one specific venue. 5.1.3 Examination Leave One working day paid examination leave will be granted for the actual day on which the examination is written. 220.127.116.11 Conditions for study leave, examination leave and travelling time: (a) The official examination time roster must accompany each application for leave. (b) Should an employee fail an examination paper the special travelling time, study and examination leave granted, will be deducted from the employee’s vacational leave. (c) Special study and examination leave may be granted for the re- or supplementary examination(s). (d) Employees that have been granted special study leave, examination leave and travelling time, (regardless whether financial aid was received) have to work the granted special leave off over a period of 12 months (year to year basis) starting on the date that the employee has been notified in writing by his study institution that he has obtained the qualification or passed the subjects. If an employee should terminate his studies or resign before the 12 months periodhas elapsed, study leave, examination leave and travelling time received during the previous year or present period of service will be debited against his vacational or long leave. -5(e) Should there be a weekend between the day of examination and the study leave day the weekend will not be regarded as leave and the examination and study leave will subsequently be regarded as single days taken. This special leave will not be valid as qualifying leave for bonus utilization even if it amounts to 12 days or more. 5.2 TO APPEAR AS A STATE WITNESS If an employee has been summonsed to appear in court as a state witness, special leave with pay may be granted in respect of the period of essential absence, including reasonable travelling time, provided that he applies in good time and submits the subpoena. Management may request an employee who has been summonsed by the State to give evidence of a professional nature, to refund to the company any part of the witness’ fees thus received. Special leave with pay will not be granted if an employee is the accused or has to appear as a witness in a civil case. 5.3 FAMILY RESPONSIBILITY LEAVE Special leave with pay to a maximum of four calendar days per occasion and seven calendar days per leave year may be granted to employees on the death and/or for the funeral of a close relative (husband, wife, child, parent, parent-in-law, brother or sister, brother-in-law or sister-in-law. 5.4 FOR OTHER PURPOSES Special leave with pay for any other purpose is subject to the approval of the Board of Directors. 6. LEAVE WITHOUT PAY Leave without pay will only be granted in exceptional circumstances and on such conditions as determined by management. Except in exceptional cases, leave without pay will not be granted unless all vacational leave and long leave accrued have already been taken. If an employee’s absence from work is essential due to urgent and unforeseen circumstances, any leave without pay for more than 7 days must be approved by a Board Member. -6- 7. MATERNITY LEAVE 7.1 Qualifying period of service Every pregnant female employee qualifies for maternity leave as from commencement of service. Maternity leave may not be refused, but in this case will be upaid. 7.2 Total months maternity leave that may be granted (a) The maximum period maternity leave which will be granted, is four months (120 calendar days). A female employee may not work for longer than 8 months ofpregnancy and may not resume duty before the baby is eight (8) weeks old. (b) In case of still-born baby, service may be resumed four (4) weeks after confinement. 7.3 Maternity leave applications A female employee who wishes to make use of the maternity leave benefit, must direct her application to her immediate supervisor one month before commencement, who will discuss the application in collaboration with the Personnel Department. 7.4 Return after maternity leave One month before the employee’s maternity leave expires, she must notify the company of her intent to return to the company. 7.4.1 The company guarantees the following: (a) When maternity leave is granted to a female employee and she returns to the company before or two (2) months after confinement, he will be placed in the same or a similar position that she occupied previously. (b) When the employee returns, her salary will not be less that the salary she earned before going on maternity leave. If a female employee does not return to the company and fails to notify the company of the reason for the delay within the period of agreed maternity leave: (c) (d) The company will not be able to guarantee a position. Her resignation may not be made operative retrospectively. -7- 7.5 Safety and Health When safety and health reasons necessitate the transfer of a pregnant employee, she should be transferred to a more suitable position for the duration of her pregnancy. Medical evidence should accompany requests of this nature. 7.6 Undertaking No employee may be discharged due to pregnancy. 7.7 Medical and Clinical visits The time used by a pregnant employee to visit her medical practitioner and/or clinics, should be accumulated and debited against the employee’s sick leave. 8. DUTY ON PUBLIC HOLIDAYS When an employee is required to work or be on official standby duty on any of the official public holidays, he may be credited with one day’s leave for each such day 9. LEAVE IN ADVANCE If leave is granted to an employee before the date of accrual and his employment with the company is subsequently terminated, the company may deduct from any moneys due to him the amount paid to him in respect of leave taken for which he had not yet qualified on the date of termination of services. 10. CALCULATION OF LEAVE Non-working days immediately preceding and following a leave period, New Year’s Day, Good Friday, Ascension Day, Republic Day, Day of the Vow and Christmas Day, Family Day, Human Rights Day, Freedom Day, Youth Day, Employee’s Day, National Women’s Day, Heritage Day, Day of Reconciliation, Day of Goodwill, Saturday’s and Sunday’s falling within the leave period will not be included in the number of days leave taken, except in the case of any unpaid leave. -8- 11. APPLICATION FOR LEAVE No employee may be absent from duty without good reason. An employee unable or unfit to report for duty for any reason whatsoever, must notify the employer without delay, or let the employer be notified if he is unable to do so himself, and apply for leave/sick leave in terms of the employer’s leave regulations. Application for vacational leave or long leave must be made on the prescribed form and must be submitted at least 30 days prior to commencement of leave. If illness compels an employee to be absent from duty for more than a fortnight an interim medical certificate giving the nature and probable duration of illness must be submitted within 15 days of commencement of such absence. If any employee had taken ill for more than seven days during his vacational leave he may apply for conversion of vacational leave into sick leave for such period of illness. The application, accompanied by a medical certificate issued by a medical practitioner may be approved by the duly authorized official in consultation with the Personnel Manager. 12. PAYMENT IN LIEU OF LEAVE Vacation leave not taken within the year cycle will not be paid out and therefore lost to the employee. Payment for the period of sick leave granted to an employee owing to an accident or wilful injury for which the company, in the opinion of the management, is under no obligation to the employee, may be withheld or suspended If an employee has already received payment from the employer for the period of absence on sick leave and a claim which includes the compensation of the employee for the period of absence is paid out, the employee must refund the amount of salary thus paid to him, to the employer. In such event, the employee’s sick leave record is amended accordingly. 13. REMUNERATIVE EMPLOYMENT DURING LEAVE PERIOD Employees on leave may not undertake any remunerative work during his period of leave without the written approval of management.