Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 14 : Hospitality Sector, South AfricaPart E : Leave19. Annual leave |
| (1) | An employer must grant an employee— |
| (a) | at least three weeks (21 consecutive days) leave on full pay in respect of each twelve months of employment (the 'annual leave cycle'); or |
| (b) | by agreement, at least one day of annual leave on full pay for every 17 days on which the employee worked or was entitled to be paid; or |
| (c) | by agreement, one hour of annual leave on full pay for every 17 hours on which the employee worked or was entitled to be paid. |
| (2) | An employer must grant an employee an additional day of paid leave if a public holiday falls on a day during an employee's annual leave on which the employee would otherwise have worked. |
| (3) | An employer may reduce an employee's entitlement to annual leave by the number of days of occasional leave on full pay granted to the employee at the employee's request in that annual leave cycle. |
| (4) | An employer must grant— |
| (a) | the annual leave not later than six months after the end of the annual leave cycle in which leave was earned; |
| (b) | the leave earned in one year over a continuous period, if requested by the employee. |
| (5) | Annual leave must be taken- |
| (a) | in accordance with an agreement between the employer and the employee; or |
| (b) | if there is no agreement in terms of paragraph (a), at a time determined by the employer in accordance with this section. |
| (6) | An employer may not require or permit an employee to take annual leave during— |
| (a) | any other period of leave to which the employee is entitled in terms of this Part E; or |
| (b) | any period of notice of termination of employment. |
| (7) | An employer may not require or permit an employee to work for the employer during any period of annual leave. |
| (8) | An employer may not pay an employee instead of granting paid leave in terms of this clause except on termination of employment in terms of clause 26. |
| (9) | An employer must pay an employee leave pay at least equivalent to the remuneration the employee would have received for working for a period equal to the period of leave, calculated at the employee's wage immediately before the beginning of the period of leave. |
| (10) | An employer must pay an employee leave pay before the beginning of the period of leave or, by agreement, on the employee's usual pay day. |