Presenter Zain Johnson employment law expert Johan Botes about employee rights when it comes to sick and annual leave.
- An employee's leave request doesn't always work to the best interests of a business
- If an employee and employer have not agreed on when annual leave can be taken then annual leave is taken at the time to suit the employer
- Labour law specialist Johan Botes explains what employees should know when it comes to leave
An employer can deny an annual leave application or grant it only at a time that is suitable for the business in some cases.
The Basic Conditions of Employment Act states that an employee and an employer must agree on when annual leave can be taken, and if there is no agreement, annual leave is taken at the time to suit the employer.
Employment law and labour relations specialist Johan Botes adds that some employers can stipulate that annual leave must be taken during the company's shutdown period.
Botes, who heads Baker McKenzie's Employment and Compensation Practice Group, says paid annual leave and sick leave have financial implications for businesses, especially in light of the Covid-19 pandemic.
Annual leave is taken at the discretion and at a time that suits the employer.
Johan Botes, Partner and Head of Employment Practice - Baker McKenzie South Africa
The Basic Conditions of Employment Act tells us that the parties should ideally agree on when an employee can take annual leave but absent such an agreement, the employer has the...
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