• Employees are entitled to a minimum of 15 working days of paid leave for every twelve-month cycle. We usually recommend following a January to December leave cycle. 
• What does this mean if you hire an employee half way through the year? No need to overcomplicate anything, simply pro-rata their holiday balance from their start date:
  • Example 1: Simon starts employment 1 January 2023 – he will receive 15 days of leave for 2023 and has up until 31 December 2023 to take his leave balance
  • Example 2: Thandi starts 1 July 2023 – she will receive 7.5 days of leave for the remainder of 2023 and has up until 31 December 2023 to take her leave balance
• Want us to break it down a little more? you got it – 15 working days leave is calculated at 1.25 days per month or even simply 1 day for every 17 days worked
• If an employee wants to request more than 15 working days leave, that’s up to you as the employer to make the final call. We would recommend that any additional days be unpaid. 
• Best practice is that all leave requests for annual leave should be submitted in writing (this could be email or over WhatsApp) at least one calendar month notice. Make sure to then log the requests in the SSLZ app for future reference.
• All leave should be taken in the current leave cycle and no carry-over should be allowed. However, should a couple leave days be carried over to the next year, as an employer this is up to you to approve, and any carry-over leave must be taken within the first 9-month period of the following year – otherwise they will be forfeited.
• The Shesha-Lawza employment contract requires all employees to take leave during any period of closure of business.
• When employment is terminated (regardless of the reasons i.e. resign, dismissed etc.…) the employee will only be entitled to be paid out for leave due up to and including their termination date. 
• Employees are usually not allowed to take any annual leave during Notice Periods, unless the employer agrees to it.

• During each 36 month cycle the employee will be entitled to the following based on how many days they work a week:
  • 30 days paid sick leave, if s/he normally works 5 days per week
  • 36 days paid sick leave, if s/he normally works 6 days per week.
• During the first 6 months of employment an employee is entitled to 1 day of sick leave for every 26 days worked.

When is it paid sick and when is it unpaid?

• If an employee is absent for:
  • More than 2 consecutive days due to injury or illness, or
  • More than 2 occasions in an 8 week period, or
  • Any day that is before or after a weekend or public holiday,

S/he will not be entitled to paid sick leave unless s/he produces a medical certificate signed be a registered medical practitioner. Only a medical certificate based on personal examination should be accepted.

• An employee should personally tell the employer before or on the day s/he was supposed to report for duty, that s/he would be absent and what the expected date s/he will return to work.

• An employee is entitled to 4 consecutive months of maternity leave, from 4  weeks prior to the expected date of birth or on the date a medical practitioner or midwife may deem necessary.

• An employee should speak to their employer at least 4 weeks in advance, of the date they wish to start maternity leave and the date of they will return to work after maternity leave. 

• An employee may not work for a period of 6 weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so. Should an employee, fail to return to work after maternity leave, without a valid reason, her absence will be treated as unauthorised and may result in the termination of her employment.

• An employee will not be entitled to be paid during her maternity leave period, however she can claim maternity benefits as laid down in the provisions of the Unemployment Insurance Act. *Reminder to employers to update employment status on the UIF website when maternity leave is taken.

• Employees are entitled to Family Responsibility leave which is 3 days during each 12 month cycle and may only be taken after 4 months of employment and if the employee works at least 4 days a week.
• Family responsibility leave is paid leave but only if the following conditions are met:
  • Can only be used for the illness of a child or in the event of the death of the employees’ spouse, life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.
  • An employee needs to provide proof of the circumstances necessitating the absence in order to be paid for the day.

Family responsibility leave will not accrue, meaning you only ever get 3 days a year.

• Employees are entitled to Parental leave of 10 consecutive days during each 12 month cycle and may only be taken after 4 months service and if the employee works for at least 4 days a week.
• An employee will not be entitled to be paid during their Parental leave period but may claim benefits as laid down in the provisions of the Unemployment Insurance Act.
• Parental leave will only be granted for the birth or adoption of a child.
• This clause will not apply to Employees who qualify for maternity leave.
• Parental Leave will not accrue each year.

• The principle of no work no pay applies.
• If your employee does not arrive to work then you must log the absence as unauthorised and s/he will not be paid for that day. 
• If the employee calls in and tells the employer that s/he is not coming to work and the employer does not accept the reason, then the absence is unauthorised. 
• Desertion is regarded as a period of unauthorised absence
• Unauthorised absence is regarded as a misconduct and can result in disciplinary action.