Did you know: There are four types of leave you DON’T have to give to employees?

Simangele Mzizi, Fsp Business, 16 Dec. 2014

Tags: leave, managing leave, study leave, unpaid leave, special leave, types of leave, employee leave and labour law

When employees ask for leave, you must give it to them because it’s your legal obligation, right?

Not quite.

You only have a legal duty to give maternity leave, sick leave, family responsibility leave and annual leave.

If you get leave requests that don’t relate to these leave types, you’re under no obligation to give leave.

Don’t let your employees take you for a ride.

Read on to discover four types of leave you don’t have to give to employees so you can effectively manage leave.

Four leave types you don’t have to give to employees

The Labour Law for Managers Loose Leaf Service says you don’t have a legal duty to give employees:
  1. Study leave;
  1. Leave for taking part in sporting activities;
  1. Unpaid leave; and
  1. Special leave.
BUT, if you think it’s a good idea to give your employees these forms of leave even though the law doesn’t require you to, make sure you implement policies and procedures for them.
Having clear policies and procedures will help you make sure your employees know how you deal with each of these leave types. And it will help you manage leave effectively in your company. There will also be less room for confusion and leave abuse.

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The ONLY way to seamlessly protect your business from being dragged to the CCMA every time you have an employee problem is to have a comprehensive HR Policy Manual in place.



Just remember to stick to your policies and procedures and be consistent when it comes to leave

If, for example, you give John special leave to take part in a provincial rugby tournament as per your sporting activities leave policy. And two months down the line, you don’t give Mary this leave when she asks for time off to represent her province in netball, this is unfair labour practice. And she could take you to the CCMA.
Don’t take chances.
To be on the safe side, check out the HR Policies and Procedures Manual. It has sample policies for each of these types of leave.
There you have it: You don’t have a legal duty to give your employees these four types of leave. It’s up to you to decide if you’ll give this leave or not. We hope this piece of information will help you manage leave more effectively in your company.
PS: Find more information about the different types of leave and leave management in the Labour Law for Managers Loose Leaf Service.

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Sueshen 2017-08-11 08:38:57

I have a 19 year daughter who just gave birth, am i not entitled to family responsibility leave

ayanda lawana 2017-04-10 16:40:46

I took my child today to the doctor an infant and the I was given 3 days of family responsibility, I emailed the sick note at work. Now I am phoned by a colleague telling me that the supervisor is saying I am not sick I am not supposedly to take three days. She says the doctor mst explain,phoned the doctor he says he must phone him if he has a problem with the paper. Mind u i'v bin using this doctor for years and submitting the same paper they did not hav a problem

Chantel vENTER 2017-01-15 18:55:44

My driver has been working for us for 10 years and never taken leave.
He has been on 15 days leave came back 2 days and now emailed us a doctors note that he is booked off for 10 days with a slipped disk in his back do I have to give him paid sick leave as he has not yet worked this year does sick leave accumulate over the year or does it fall way every year.

Rene 2016-05-12 06:42:15

I took my fiance to the doctore which he was not capable to drive because of his diabetic level was high Dr booked him off I had to see to him Dr took blood test I had to take him back the next day for his results can I claim family responsibility

Deon 2015-12-15 10:33:40

I wear permanent glasses.They broke over the weekend.Could only get apointment to see optometris on 15/12/2015 on 13H30.Suffer to see without my glasses.Get servere headache.Can i get sickleave for 15/12/15 or not.

Monic 2015-03-17 09:52:43

She hurt her foot over weekend and torn ligaments. Booked off for 2 weeks do i have to pay her


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