Tag: unpaid leave

Paying employees sounds straightforward, but it is not unusual for Small and Medium Enterprises (SMEs) to make mistakes in managing their payroll. These errors can have serious consequences, ranging from damaging employee morale to fraud losses, and tax penalties for late or incorrect tax payments and submissions.

Currently, legislation allows for unpaid leave for fathers and organisations can implement their own paternity policies as long as they don’t contradict the law. The Basic Conditions of Employment Act (BCEA) stipulates that an employee is entitled to ten consecutive days of parental leave, regardless of their gender.

On 1 January 2019, section 73A of the Basic Conditions of Employment Act 75 of 1997 (BCEA) came into effect. This relatively new provision permits employees earning below the prescribed threshold to claim monies owing to them in terms of the National Minimum Wage Act, the BCEA, a collective agreement, a sectoral determination or a contract of employment at the Commission for Conciliation, Mediation and Arbitration (CCMA).

The globe is on lockdown at the moment as we all face the COVID-19 pandemic, and this is a time which is creating a lot of fear, anxiety and uncertainty in the workplace. It is not just with people now having to work from home, but for those who have pursued new job opportunities and received job offers to start during or after lockdown, and now face a highly unnerving state of anxiety about if they will start or not or if their offers will be withdrawn or if they should even hand in their resignations.

The Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates sick leave entitlement. In terms of section 22 of the BCEA, the 'sick leave cycle' means the period of 36 months’ employment with the same employer immediately following an employee’s commencement of employment. 

The Department of Health has confirmed the first case of the novel coronavirus (COVID-19) in South Africa. There is a strong likelihood that there will be other cases of COVID-19 across the country. Naturally, employers will need to bear in mind various employment and health and safety considerations to manage the risk of COVID-19 in the workplace.

Employees face a two-fold risk if they do not take the leave they are legally entitled to. Firstly, they could forfeit their leave after a pre-determined period, depending on their company policy. Secondly, they could be diagnosed with burn out and be placed on extended sick leave. This places the organisation at significant financial risk.