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TABLE OF CONTENTSPAGE
1.OBJECTIVE
2.DEFINITIONS
3.SCOPE OF APPLICATION
4.LEGISLATIVE FRAMEWORK
5.DATE OF EFFECT
6.GENERAL LEAVE MEASURES
7.ANNUAL LEAVE ENTITLEMENTS
7.1Annual leave for institution-based employees
7.2.ANNUAL LEAVE ACCRUED PRIOR TO 01 JULY 2000
7.3.PAYOUT OF UNUSED LEAVE CREDIT
7.4.NOMINATION OF BENEFICIARIES
7.5.ANNUAL LEAVE ENTITLEMENTS
8.DELEGATIONS
9.General leave conditions
A.ANNUAL LEAVE WITH PAY
B.NORMAL SICK LEAVE
C.TEMPORARY INCAPACITY (DISABILITY) LEAVE
D.PERMANENT INCAPACITY (DISABILITY) LEAVE
E.LEAVE FOR OCCUPATIONAL INJURIES AND DISEASES
F.LEAVE FOR QUARANTINE PURPOSES
G.MATERNITY LEAVE
H.ADOPTION LEAVE
I.FAMILY RESPONSIBILITY LEAVE
J.SPECIAL LEAVE FOR STUDY PURPOSES
K.SPECIAL LEAVE FOR EXAMINATION PURPOSES
L.SPECIAL LEAVE FOR PARTICIPATING IN SPORTING,
M.Leave for office bearers or shop stewards of recognized employee organizations
N.UNPAID LEAVE
NEW LEAVE DISPENSATION FOREMPLOYEES APPOINTED UNDER THE PUBLIC SERVICE ACT, 103 0F 1994
Resolution 07 of 2000 and Resolution 15 of 2002 has brought changes in the leave of employees, which made the compilation of a circular to inform the affected employees necessary.
1.OBJECTIVE
The objective of this circular is to inform all employees appointed under the Public Service Act, 103 of 1994 within the GDE about the revised leave provisions.
2.DEFINITIONS
2.1Annual leave means resting periods for anemployee as provided for in this circular.
2.2Employee means non teaching staff who are office-based or institution-based.
2.3Capped leave is leave calculated until 30 June 2000 that has been converted from calendar days to working days i.e. leave accrued before July 2000.
2.4Working days means Monday to Friday, excluding public holidays.
2.8Immediate family is limited to anemployee’s spouse, life partner, parents, adoptive parents, grandparents, biological children, adopted children, grandchildren or siblings.
2.9Time-offmeans an identifiedemployee being away from work/office for a few hours/days (not exceeding 3 consecutive days) to attend to union related activities.
3.SCOPE OF APPLICATION
This circular applies to all non teachingemployees of the Gauteng Department of Education (GDE) who are office-based or institution-based, and are employed under the Public Service Act, 103 of 1994.
4.LEGISLATIVE FRAMEWORK
4.1Basic Conditions of Employment Act, No. 75 of 1997.
4.2Labour Relations Act, 66 of 1995
4.2Public Service Act, 103 of 1994
4.3Public Service Regulations of 2001
4.3Resolution 03 of 1999
4.5Resolution 07 of 2000
4.6Resolution 15 of 2002
and related amendments
5.DATE OF EFFECT
These measures are effective retrospective to 1 July 2000 and the leave measures of institution-based employees as per Resolution 15 of 2002 are effective from 01 January 2004.
6.GENERAL LEAVE MEASURES
6.1Anemployee retains all unused accrued/capped leave credits when he or she is transferred within a department or between State departments without a break in service.
6.2Unless indicated otherwise in these measures, days of leave granted in respect of any category of leave, other than annual leave, shall not be deducted from anemployee’s leave provision in respect of annual leave. (i.e.capped/accrued leave can be used where directed).
6.3Anemployee shall not be considered to be on leave (i.e. will be regarded as being on official duty) if he or she:
(a)Must appear as a witness-
(i)In any court;
(ii)In misconduct proceedings or in a misconduct investigation in terms of any law;
(iii)At inquest proceedings;
(iv)Before a commission or committee appointed by the state or before any committee or institution instituted by or in terms of any Act;
(b)Appears as a defendant or co-defendant in civil proceedings arising from his or her official duties and in which the state or any statutory body or institution has a direct interest;
(c)Is taken into custody or must appear in any court on a criminal charge and the offence he or she is charged with, is withdrawn or if he or she is acquitted of such offence;
(d)Attends or participates in a training programme required by theemployer or the professional body with whom he or she is required to register in order to remain registered or with the approval of the employer attends or participates in a training programme or other activity that is in theemployer’s interest;
(e)Is appointed/called upon to assist with/monitor national or municipal elections.
7.ANNUAL LEAVE ENTITLEMENTS
7.1The main purpose of annual leave is to provide periods of rest to anemployee, but subject to these measures, may also be used to extend periods of other categories of leave as provided for in these measures.
7.1.1The full year entitlement of anemployee is-
(i)22 working days in respect of anemployee with less than 10 years service;
(ii)26 working days in respect of anemployee with more than 10 years of service;
(ii)28 working days in respect of anemployee appointed prior to 01 July 1966.
(iv)27working days in respect of an institution-based employee, of which 22 days must be used when the schools are closed
7.1.2In the above provision in 7.1.1. At least a period of 10 consecutive working days leave per annual leave cycle foremployees shall be a compulsory requirement the operational requirements of theemployer must always be taken into consideration when office managers approve such leave. Affectedemployees need to be informed within a reasonable period, of approved leave arrangements within offices.
7.1.3The remaining days must be utilized not later than six months after the expiry of the relevant leave cycle (i.e. by 30 June of each year). All the remaining unused annual leave credits within that cycle shall be forfeited.
7.1.4Where leave due is not taken because of theemployer’s service delivery requirements, such leave shall be paid out on request at the end of the six months period (i.e. 30 June annually). In such instances the relevant Senior Manager must make a formal request in writing (by 31 May annually), to the Divisional Manager: Human Resources Management, indicating reasons why anemployee will not be able to use the remaining leave from the previous cycle by 30 June of that year. The onus rests with the responsible Senior Manager to ensure that the necessary annual leave has been taken.
7.1.5The department shall not unreasonably refuse to grant leave toemployees who apply, taking into consideration service delivery requirements.
7.1.6Anemployee’s request for payment of unused annual leave must be-
(i)In writing;
(ii)Accompanied by written proof of refusal of leave by theemployer or of instruction to report for duty as the case may be; and
(iii)Lodged by no later than the 31st July of the year following the leave cycle, i.e. if the leave cycle is for 2002, payment of unused leave days may be requested in July 2003.
7.1.7Anemployee who is appointed after the commencement of an annual leave cycle or whose services is terminated during a leave cycle shall, in respect of that cycle, be entitled to annual leave calculated as one-twelfth of their full year entitlement per month of service.
7.1.8Employees appointed in a part-time or shared capacity shall be granted annual leave that is proportional to their appointment.
7.1.9For each 15 (fifteen) consecutive days’ leave taken without pay, theemployee’s annual leave entitlement is reduced by one-twelfth.
7.1.10Annual leave for institution-based employees
Non-teaching staff at schools and training institutions will be:
Entitled to 27 working days annual leave, of which 22 of the 27 working days annual leave must be taken during the period for which a school/education/training institution closes for the holidays. The remaining 5 days may be taken when the institution is in operation.
The annual leave entitlement should in these circumstances be regarded as the minimum. Therefore, if an employee is not required at the institution during the period(s) when the institution closes for holidays, an employee may utilize his/her annual leave entitlement and / or paid time-off granted by the employer.
It is important to make sure that non-teaching staff is retained on duty during institution holidays only for valid official duty.
Heads of institutions should ensure that duties and responsibilities assigned to the employees concerned during these holidays may only relate to their normal assigned duties and responsibilities as contemplated in their job descriptions, unless otherwise arranged by mutual consent.
For more details regarding the leave ofemployees in institutions, see Resolution 15 of 2002.
7.2.ANNUAL LEAVE ACCRUED PRIOR TO 01 JULY 2000
(a)Leave accrued until 30 June 2000 was audited, calculated and capped, meaning that it will not be forfeited.
(b)Capped leave was converted to working days by multiplying it by 5, and dividing it by 7.
(c)Any of the unused leave accrued (capped leave), and the payouts in respect of such leave credits shall be made in the event of:
(i)Death;
(ii)Retirement, including early retirement; or
(iii)Medical boarding.
(d)Heads of offices are obliged to forward all application forms for all types of leave to the relevant administrative offices for processing within 1 (one) month of the commencement of leave. This is a statutory requirement which is audited through a random sampling done during an annual regulatory audit by the office of the Auditor-General. Non-compliance with this statutory requirement is a breach of the Public Finance Management Act, 1999, and therefore is tantamount to misconduct. Suitable arrangements must be made for the completion of applications for annual leave by employees at institutyions.
(e)The leave payout of leave credits in respect of anemployee whose service is terminated in terms of (c) above is calculated as follows:
(i){(A-B) + (C-D) + F} x E
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(ii)DEFINITION OF THE FORMULA
A =Employee’s pro rata leave entitlement in respect of the previous leave cycle.
B =Leave taken in the previous leave cycle
C =Pro rata leave entitlement in the current leave cycle
D =Leave taken in the current leave cycle
E =Employee’s annual basic or pensionable salary as at the last day of duty or at the end of the 6 months period mentioned in 7.1.3 above.
F =Accrued leave credits in terms of sub-paragraph 7.3 less all leave taken from these leave credits since July 2000.
Note: (a)If anemployee has been in service for the full leave cycle, his or her pro rata leave entitlement will be equal to the full year entitlement.
(b)After 30 June, A – B = 0
(c)The sum total of {A – B} +{C – D} may not exceed 22 days.
7.3.PAYOUT OF UNUSED LEAVE CREDIT
7.3.1Employees willbe paid the cash value in respect of unused leave credit upon termination of service and in terms of sub-paragraph 7.2. (e) above. Other than in cases of termination of service referred to in sub-paragraph 7.2. (c), the payment will be limited to a maximum of 22 working days.
7.3.2Unused leave credits accrued between 1 July 2000 to 31 December 2001, foremployees should be paid out at discharges due to misconduct or abscondment,up to a maximum of an employee’s annual leave entitlement. This, however, does not override decisions taken as an outcome of a disciplinary process.
7.3.3Payment of annual leave credits shall be calculated using theemployee’s basic salary.
7.3.4When anemployee’s employment is terminated for any reason other than a reason referred to in paragraph 7.2 (c) and at the expiry of the six months period mentioned in paragraph 7.1.3 above, leave payouts shall be computed in terms of the following formula:
(i){(A – B) + (C – D} X E
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(ii)Where:
A =Employee’s pro rata leave entitlement in respect of the previous leave cycle.
B =Leave taken in the previous leave cycle.
C =Pro rata leave entitlement in the current leave cycle
D =Leave taken in the current leave cycle
E =Employee’s annual basic or pensionable salary as at the last day of duty or at the end of the six months period mentioned in 7.1.3 above
(a)If anemployee has been in service for the full leave cycle, his or her pro rata leave entitlement will be equal to the full year entitlement.
(b)After 30 June, A – B = 0
7.4.NOMINATION OF BENEFICIARIES
(a)Anemployee may nominate one beneficiary or more to whom their leave credits may be paid out in the event of his/her death.
(b)In the case whereby a beneficiary has not been nominated and anemployee dies, the leave credits will be paid out as follows:
(i)In full to the spouse/life partner of thatemployee; or
(ii)If there is no spouse/life partner, in equal shares to any minor and other children (including legally adopted children) who were fully dependent on theemployee at the time of death;
(iii)If there are no children, to theemployee’s estate.
7.6.ANNUAL LEAVE ENTITLEMENTS FOR EMPLOYEEES
TYPE OF LEAVE
/ NUMBER OF LEAVE DAYS / POLICY DETAILANNUAL LEAVE / Employees who are less than 10 years in service / 22 Working days. / Annexure A
Employees who are more than 10 years in service / 26 Working days.
Employees who were appointed prior to July 1966. / 28 Working days.
Institution-based employees / 27 Working days
SICK LEAVE / 36 Working days with full pay in a three-year cycle. / Annexure B
TEMPORARY INCAPACITY (DISABILITY) LEAVE / Anemployee whose normal sick leave credits in a three-year cycle have been exhausted and who, according to the relevant medical practitioner, requires to be absent from work due to an incapacity which is not permanent, may be granted sick leave on full pay. / Annexure C
PERMANENT INCAPACITY (DISABILITY) LEAVE / Anemployee whose degree of incapacity has been certified as permanent shall, with the approval of theemployer, be granted a maximum of 30 days paid sick leave, or such additional number of days required by theemployer to finalize the process. / Annexure D
LEAVE FOR OCCUPATIONAL INJURIES AND DISEASES / Occupational injuries and diseases leave will be granted for the duration of the period that anemployee cannot work. / Annexure E
LEAVE FOR
QUARANTINE
PURPOSES / Anemployee may be granted special leave for quarantine purposes if he or she has been exposed to a medical condition that warrants him/her to be placed under quarantine. / Annexure F
MATERNITY LEAVE / 4 Consecutive months maternity leave with full pay for each confinement. / Annexure G
ADOPTION LEAVE / Anemployee who adopts a child who is younger than 2 years shall qualify for adoption leave to a maximum of 45 working days. / Annexure H
FAMILY RESPONSIBILITY LEAVE
Max 8 days in total / Max 3 Working days per annum for utilization due to birth of a child or illness of spouse. / Annexure I
Max 5 Working days per annum for utilization due to death in the family.
STUDY LEAVE / Study leave may be granted to anemployee for a period approved and conditions determined by theemployer / Annexure J
EXAMINATION LEAVE / Anemployeemay be granted special leave for examination purposes with full pay, for each day that he or she sits as a candidate for an approved examination and the day prior to the examination for study purposes. / Annexure K
SPECIAL LEAVE FOR PARTICIPATING IN SPORTING, CULTURAL AND OTHER EVENTS / Special leave for a period and on conditions approved by the head of a department may be granted to anemployee for participating in sports, cultural, local council and other relevant activities. / Annexure L
UNPAID LEAVE / If anemployee has utilized all his or her annual leave entitlements, theemployer may grant him or her unpaid leave up to a maximum of a hundred and eighty four consecutive days. / Annexure N
Leave for office bearers or shop stewards of recognized employee organizations
/ A Shop steward of a recognized employee organization may receive up to 10 days special leave per annum for union activities. / Annexure M8.DELEGATIONS
Chapter F
(PAM)
/Type of leave
/ Power vested in: / Delegated to:1. / General Leave Measures – Approval of Leave (except where the delegations stipulate otherwise)
Annual leave
/ CEO / HOD / Immediate supervisor for office-based employees/Principal / FET Principal approves leave for institution basedemployees8. / Normal sick leave (as for A above, except where the delegations stipulate otherwise)
To request anemployee to submit a medical certificate in respect of period of sick leave of less than three days / CEO / HOD / Principal / FET Principal approves leave for institution based employees /Senior manager in districts and in Head Office
Granting of sick leave owing to neurasthenia, insomnia or other similar ill defined diseases or conditions of ill health / CEO / HOD / Deputy Director: HRA
9.
/Temporary Incapacity Leave
Temporary Incapacity Leave (30 days or less) / CEO / HOD / SM: Districts/ Mega / SM:HRATemporary Incapacity Leave (more than 30 days) / CEO / HOD / DM: Districts / DM: HRDMS
10.
/Permanent Incapacity Leave
/ CEO / HOD / CFO: Branch Finance and Resource Management (Subject to the requirements of the Health Risk Manager/Department of Health)11. / Leave for Occupational Injuries and Diseases / CEO / HOD / SM: Districts / SM: HRA
12.
/Special leave for Quarantine Purposes
/ CEO / HOD / DM:HRDM&S13. / Maternity Leave
Granting of special leave for confinement to a femaleemployee / CEO / HOD / Principal/IDS/DD/CES of Unit / SM: District (level 11-12)
Granting of sick leave for absences due toa miscarriage, still birth or termination of a pregnancy on medical advice before a period of special leave would have commenced / CEO / HOD / SM: Districts/Mega / SM: FET HO / SM:HRA HO
To determine the period for which annual leave for confinement may be granted if a femaleemployee does not qualify for special leave / CEO / HOD / Deputy Director: HRA
Granting of sick leave during a period of pregnancy to a femaleemployee / CEO / HOD / Deputy Director: HRA
17.
/Special leave for study purposes
(refer to Annexure J, paragraph. i-k)
/ CEO / HOD / DM: HRM&S18. / Special leave for examination purposes / CEO / HOD / SM: District / SM:HRA (Head Office)/ Principal / IDSO / DD/CES of Unit
19. / Special Leave for participation in sporting, cultural and other events / CEO / HOD / SM: District / SM:HRA (Head Office)/ Principal / IDSO / DD/CES of Unit
20. / Special leave in extraordinary circumstances / CEO / HOD / DM: Districts
21.
/Unpaid leave
/ CEO / HOD / SM: District / SM:HRA (Head Office) / SM: FET HO22.
/Use of capped leave
/ CEO / HOD / SM: District / SM:HRA (Head Office) / DD of Unit / CES of Unit (Levels 1-10)9.General leave conditions
(a)The appropriate leave form must be used for all leave types (EZ1 E-Leave Form – Copy attached hereto as Annexure O). Kindly note that this will be the only acceptable form from date of distribution of this circular.
Completion of E-Leave form (EZ1)