Management of Leave

Compiled and presented for

IPTA/Stallone by:
Elvis Mudzengerere
0773 613462
[email protected]
 Introduction
• Employee Leave Management is very paramount to an organisation’s overall performance and
efficiency.

• Paid leave arises from vacation, sick, special or maternity leave.

• These 4 represent a significant chunk of the organisation’s staff costs.

• Managing this employee mandatory time-off from work on leave is of prominence in ensuring
that the organisation runs smoothly in the absence of employees who require to be on leave.

• Compliance with national laws is very critical for the company.

 Critical Issues to Pay Attention to in Leave
Management
• Employee Entitlements and Eligibility for Leave
Ensuring that the minimum requirement and conditions are met before
approval. E.g. qualifying service in vacation & Maternity. Sick, special and
maternity leave conditions.
• Monitoring Leave Accruals
Monitoring leave ceilings, normally done to avoid accrual of too many leave days.
• Timelines for Submission of Leave Applications
Timely applications and requests help managers and supervisors to plan for the
impending leave of absence.
• Leave approval (managing work exigencies)
Application for leave should be recommended and approved by the relevant
official/authority by means of a signature and official stamp.
 Critical Issues to Pay Attention to in Leave
Management
• Form completion and record keeping
• Is very critical in cases of disputes or misunderstandings
• Records to be kept for at least 3 years (Section 125).
• Records should be readily available for inspection by a Labour Officer or a
Designated Agent at any given work time.

• Avoiding and Monitoring Leave Dates overlap.

• Some employees tend wilfully exceed their granted days.
• Ensure genuine reasons are given for such occurrences.
Types of Statutory Leave under the Labour Act
[Chap 28:01]
• There 4 types of leave which employers are legally mandated to grant to their
employees in terms of the Labour Act.
• These include:
1. Sick Leave

2. Vacation Leave

3. Special Leave , and

4. Maternity Leave
 Sick Leave
Section 14

• Any progressive organisation needs to value welfare of its employees.

• This entails accepting that at some point the employee may become incapacitated
due to illness or injury.

• This require them to take time off in order to recuperate.

• It is a statutory requirement to grant sick leave

• The employer shall grant paid sick leave to an employee who is sick or injured,
subject to the employee availing a certificate signed by a registered medical
practitioner.
 Sick Leave (cont.)
• The following are the terms of section 14 of the Act:
a) Ninety (90) calendar days with full pay and a further ninety (90) calendar days on half pay in
one calendar year.
b) The 90 days on half is granted by the employer, if in the opinion of the registered medical
practitioner signing the certificate, it is probable that the employee will be able to resume duty
after such further period of sick leave.
c) If the period or aggregate periods of sick leave exceed one hundred and eighty days’ sick
leave on full and half-pay, the employer may terminate employment on medical grounds.
d) Unused sick leave cannot be carried over the next year and is not payable on the termination
of employment. Sick leave payments are to be made as standard pay.
e) If sick leave on full pay is exhausted, an employee may on request, be allowed to utilize
accrued vacation leave instead of immediately going on sick leave on half pay or without any
pay.
f) If the aggregate period of sick leave exceeds one hundred and eighty (180) days’ sick leave
on full pay and half-pay in one year, the employer where may terminate the employment of
the employee concerned subject to consulting a medical doctor.
• A question often arises whether the employer should consult the employee before
termination, upon exhausting all his/her sick leave?
• In ZIMASCO v Maynard Marikano SC 6/14, Garwe, JA held:
“……that since the decision to terminate an employment contract has far reaching
consequences, one should assume that before such a decision is taken the employer
would be obliged, at the very least, to advise the employee of the fact that he has taken
the sick leave contemplated in s 14(4) and that for that reason it is intended to
terminate his contract of employment……………. In short the audi alteram principle
would still need to be respected and failure to do so would render any such termination
null and void”

• However in Thandekile Zulu v ZB Financial Holdings, Hlatshwayo JA, in a rather

contradicting judgement held that:

• “A reading of this section (section 14(4)) shows that it is silent on the requirement for the
employer to give notice to the employee before terminating employment under the section.
In the absence of such a requirement, to hold that the employee ought to have been
afforded a chance to be heard before dismissal is tantamount to “reading into” and altering
the clear language of the statute”.
• Thus the decision on whether the employer can consult or not remains contentious.
 Sick Leave Abuse
• Sick leave abuse is an unethical conduct perpetrated by some
employees, at times with the aid medical practitioners.

• Sick leave abuse can have serious adverse financial

implications on an organisation in the long run.

• The effects can even be felt at the national level of the

economy through unnecessary loss of man hours.

• Though the existence of abuse is widespread, there is

uncertainty on how to deal with it.
 Sick leave Abuse (cont.)
• Some possible signs or indications of sick leave abuse include:

o An employee claiming sick leave after annual leave is denied,

o Absences on Mondays and Fridays or days after public holidays or payday,

o During “crunch times”- periods when stress and deadlines are at their peak e.g. end of financial
year to avoid external auditors, when an overtime assignment is announced, when projects are
due, or when they are put in charge of an event.
o Sending of a text message by an employee to the supervisor that he/she is sick, and immediately
switching off their cell phone to avoid directly speaking to the supervisor
 Tips for Dealing with Sick Leave Abuse
• An employer needs to be vigilant when medical certificates are presented by employees.

• Because sick leave is subject to abuse by employees an employer is entitled to query and investigate
them.

• If a manager or supervisor suspects abuse, they may first discuss the issue openly with the employee
and convey their suspicion to him/her.

• A verbal warning may be necessary at this juncture.

• Communicate to employees that sick leave abuse attracts disciplinary action.

• If there is persistent abuse, depending on the case, reject the medical certificate and institute formal
disciplinary proceedings against the employee.
 Tips for Dealing with Sick Leave Abuse
• Alternatively an employer may treat the period of absence as unpaid absence from work subject to
acquiescence of the worker.

• The employer should not hesitate to report wrongdoings by corrupt or unscrupulous practitioners to
their respective licencing and regulatory authorities e.g. the Medical and Dental Practitioners of
Zimbabwe.

• It is permissible for an organisation to blacklist such unscrupulous practitioners.

• Staff should then be advised that sick leave certificates from such practitioners will not be accepted.

• Exercise a great deal of caution to avoid industrial disharmony as well as being embroiled in time
consuming and costly legal battles with employees
 Vacation Leave
Section 14A

• Management of vacation leave poses a lot of challenges for most employers and
its mismanagement is a source of protracted disputes with workers.
• The Labour Act grants each employee a minimum of 2.5 days per month which
translates into 30 days per year. This applies for a six day working week.

• For a five day working week, it translates to 1.83 days/month and 22 days a year.

• The maximum qualifying service for one to proceed on leave is one year. Any leave
inquired of by the worker before that period is attained will be unpaid.
 Vacation Leave

• The correct interpretation of Section 14A (1) is that an employee accrues leave in the first
year but cannot proceed on paid vacation leave in that year. He will only be legible to take
leave in the second year. See Albert Juruvenge v Packrite LC/H/618/13 for this
interpretation.
• An employee can accumulate up to a maximum of 90 days (three months), put in another way
that’s three years vacation leave.
• After reaching the 90 day ceiling, the leave days will cease to accrue to the employee. In
other words, if the employee doesn’t proceed on vacation leave, no extra leave days will
accrue. Rather they will be forfeited.
 Vacation Leave

• Vacation leave is inclusive of Saturdays, Sundays and Public holidays falling within the
particular leave period.
• For example if an employee takes vacation leave on a Friday and returns on the following
Monday, three days will be counted as having been taken, viz, Friday, Saturday and Sunday.
• Employers and workers can agree internally for workers to accrue more days than the 30 or 22
per annum.
• Workers and management, by mutual agreement, can convert overtime to leave days as was
alluded in Hove v Zimphos.
• On termination the employee is entitled to cash in lieu of accrued or vested vacation leave or a
pro rata share thereof under s 13 LA.
 Vacation Leave

• The timing of when an employee may go on leave is at the discretion of the employer, who
may grant it as an ‘annual shut down,’ or concurrently with notice of retirement or
termination - Ballendern v Salisbury City Council 1948 SR 269 and Matsambira v
Gweru City Council.
• In Zisco v Keche S-34- 98 it was held that a refusal of permission to take leave implied an
order to remain at work.
• In some CBAs to balance the interests of workers and bosses, it is mandatory for
employers to grant vacation leave within a specified period from the date of application by
the employee.
 Tips for Vacation Leave Management
• Avoid the cost of untaken leave by ensuring that employees do not accrue too many vacation leave days.

• Many a time employees do not take their vacation leave for various reasons. Equally, employers also do not allow the employee
to go on leave for various reasons. Whatever the case, untaken annual leave over time could be costly.

• Leave that employees do not take is a huge hidden expense for an employer. Leave that accrues into the following financial year
increases the employer’s leave bill.

• The more the employer allows employees to accumulate leave, the heftier the leave bill becomes.

• The burden will mostly manifest upon termination where an employer finds itself faced with an enormous leave pay obligation to
be paid as cash in lieu of leave (CILL)

• Do not wait for employees or junior managers to decide when vacation leave should be taken. Seek senior management
enforcement.
 Tips for Vacation Leave Management
• Establish a company leave policy and enforce it.

• The company leave policy must remain legal (intra vires the Act).

• Maintain a separate chart on employee leave requests and dates on when the last person went on leave.

• Approvals must be customised to suit company’s unique business circumstances, e. g peak periods and work schedules.

• Use of payroll management systems [PMS] in tracking, consolidating leave days inventory for each employee for analysis,
reporting and financial planning.

• The (PMSs) may appear costly in the short-run but the benefits outweigh the costs in the long-term. .

• For fixed term contracts employees- A company may agree with employees for leave accrued to be paid as cash-in lieu at the
expiry of each and every contract duration.
 Special Leave
Section 14 B

• From time to time employees will encounter challenges and pressures emanating
from their private and family life.

• Thus inevitably such personal commitments will require them to take urgent leave
from their duties in order to attend to these issues.

• Some personal issues included in this section will call for proof from the employee
as well as the verification and exercise of discretion by management.
 Special Leave
• Under s 14 B of the Act, an employer is required to grant special leave to an employee who:
a) Is required to be absent from duty because of contact with an infectious disease.
b) Is subpoenaed to attend court as a witness.
c) Is required to attend as a delegate or office – bearer any meeting of a registered trade
union – applied in Mavisa v Clan Transport LC/H/199/2009 [Mhuri P] – where it was
held arw s 29(4a) L A --“According to the above sections, the employer has no
discretion to allow or decline an application for permission to attend a meeting by an
office bearer.” At p 4
d) Is detained for questioning by the police. The leave is for ‘detention’ as opposed to
being jailed or imprisoned after conviction.
e) On the death of a spouse, parent, child or legal dependant or ‘on any justifiable
compassionate ground.’
f) On any justifiable compassionate ground.
• This is an open check provision were many circumstances can fit in.
 Special Leave

• Arguably, the last condition could include attending to the illnesses of close relatives or

friends.

• This section usually require a broad interpretation taking into account local cultural

factors, e. g in Africa a “parent” can mean in-laws whilst “child” is defined by reference to

the extended rather than the nuclear western family. See Gwisai (2006)
 Maternity Leave
Section 18

• The right to maternity leave is recognised by the International Labour Organisation (ILO) and
the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)
as a fundamental employment right for all women.

• However, maternity leave remains a contentious issue at the workplace subject to

misinterpretation both by employers and employees alike.

• The Labour Act entitles a pregnant employee to 98 days or 14 weeks paid maternity leave.

• The female employee must furnish the employer with a certificate signed by a doctor or state-
registered nurse certifying that she is pregnant and the expected date of delivery of the baby.
 Maternity Leave
Section 18

• Maternity leave must commence not earlier than 45 days but not later than 21 days before the expected date of birth
of the child.

• A female employee is entitled to receive 100% of her monthly salary and benefits for the period of the maternity
leave.

• The frequency of maternity leave shall not be more than once every two years and is restricted only up to a
maximum of three maternity leave periods with one employer.

• Any subsequent periods of maternity leave will be without pay.

• Where a female employee is engaged by an employer unaware that she is pregnant or if she falls pregnant before
the first year of employment elapses and if the frequency of maternity leave is more than once in two years, then the
company reserves the right of discretion to either grant the employee paid maternity leave or not.
• The maternity leave period shall only be extended without pay if:

i. The birth of the child is accompanied by complications and the employee needs to convalesce for a specified period in excess of 45
days. This should be certified by a registered practitioner.

ii. The 98 days’ elapse before the child is born

• A breastfeeding female employee shall during each working day, be granted at her request at least one hour or two half-hour periods, as she
may choose during normal working hours, for the purpose of nursing her child.

• She may combine the portion or portions of time with any other normal breaks so as to prolong the periods for the purpose of nursing her child. She
may combine the portion or portions of time with any other normal breaks so as to prolong the periods for the purpose of nursing her child.

• This arrangement should however be brokered between the female employee and the relevant supervisor with due regard to all the exigencies of
her employment.

• She will be entitled to these benefits for the period during which she actually nurses her child or six months, whichever is the lesser.

• Any maternity leave requested in excess of the limits prescribed in terms of this policy and the Labour Act may be granted as unpaid maternity
leave.

• See also Arda v Murwisi- on the right of a female employee not to be terminated during maternity leave.
 Weekly Rest and Remuneration for Work during
Public Holidays
Section 14C

• Every employee shall be entitled to not less than twenty-four continuous hours of rest each week,
either on the same day of every week or on a day agreed by the employer and employee.

• An employee shall be granted a leave of absence during every public holiday and shall be paid his
current remuneration for that day if it occurs on a day on which he would otherwise have been
required to work.

• Where an employee consents to work on a public holiday he shall be paid not less than twice his
current remuneration for that day, whether or not that day is one on which he would otherwise have
been required to work. (Overtime @ double rate).
 Other Discretionary Leave Types
• There also other types of leave which are voluntarily offered by employers.

Paternity leave
• This is provided in terms of company policy and is granted to male members of staff.

• The leave is normally for 5-14 days from the child’s date of birth.

• The employee shall be required to provide paternal proof of a birth certificate or any other legal documentation within two
weeks of returning from the paternal leave.

• A male employee may be entitled to a maximum of three (3) periods of paternity leave with respect to his total service to the
employer.

• Paternity leave can only be taken within 24 months intervals.

• Where an employee has more than one spouse, paternity leave is usually granted in respect of one spouse only.
 Other Discretionary Leave Types
Study Leave
• Is normally granted in line with the policy of developing a company’s human resources
to their maximum capacity.
• Study leave is given to employees wishing to develop themselves in areas that are
relevant to employer’s activities

Sabbatical Leave (Usually applicable to academics)

 Usually granted after completing six years of continuous service with the organisation.
• Sabbatical leave may be applied for by an employee for every seventh year of service.
• Sabbatical leave is usually on full pay.
Compassionate Leave
Some organisations grant compassionate leave as follows:
Ten (10) working days leave may usually be granted to an employee on the death of his/her spouse,
child or parent or for any other justifiable compassionate ground. The aggregate of such
compassionate leave may not exceed 10 working days within 12 months.
Five (5) working days leave may be granted to an employee on the death of his/her brother or sister.
The aggregate of such compassionate leave may not exceed 5 working days within 12 months and
shall not be regarded as or deducted from annual /vacation leave.
Compassionate leave in excess of the 10 working days and may be deducted from annual/vacation
leave.

Recuperative Leave
Members of Staff who travel on official company business for a week or more will be entitled to one
(1) day leave on return to the duty station.
The leave will not be commutable and should be taken within two weeks of return from business.
Recuperative leave lapses if not taken within the stipulated period and cannot be accumulated.
Unpaid Leave
Unpaid leave may be granted only under exceptional circumstances, to an employee
who is not eligible for any type of leave.
Leave While Serving Notice
An employee who has given the notice to terminate his or her services with the
company may be allowed to take annual leave days accrued at the discretion of the
employer where applicable.
Cash in Lieu of leave
If the employee has any leave days accrued that they do not want to use these can be
paid out as Cash in Lieu of Leave.
End of Topic