Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare IndustryExtension to Non-parties of the Consolidated Main Collective AgreementTerms and Conditions that will apply nationally21. Leave |
| 21.1 | Annual Leave |
| 21.1.1 | Annual leave shall fall due on the first working day after completion of each leave cycle. |
| 21.1.2 | An Employer must grant annual leave equal to the number of days the Employee would ordinarily have worked within a two-week period, not later than six months after the annual leave cycle. Should there be any leave days outstanding after this period; it must be paid to the Employee. subject to the provisions of clause 21.1.3 below. |
| 21.1.3 | Should the Employee refuse to take annual leave when instructed by the Employer, the leave will be forfeited, six months after the leave cycle. |
| 21.1.4 | Annual leave shall be taken: |
| 21.1.4.1 | in accordance with an agreement between the Employer and Employee; or |
| 21.1.4.2 | if there is no agreement in terms of 21.1.3.1, at a time determined by the Employer. |
| 21.1.5 | An Employer and Employee may not enter into an agreement in terms of which the Employee forfeits leave against payment by the Employer save: |
| 21.1.5.1 | on termination of the Employee's employment; and |
| 21.1.5.2 | in accordance with sections 40(b) and (c) of the Basic Conditions of Employment Act, 1997. |
| 21.1.6 | In the event of an Employee's death, all leave pay accrued to the Employee at that point in time, shall be paid into the Employee's estate. |
| 21.1.7 | An Employer may not require or permit an Employee to work during annual leave. |
| 21.1.8 | Annual leave may not run concurrently with notice of termination of employment or sick leave. |
| 21.2 | Maternity Leave |
| 21.2.1 | No Employer may require or permit any female Employee to work during the period commencing 4 (four) weeks prior to the expected date of birth and ending 13 (thirteen) weeks after the date of birth ("maternity leave"). |
| 21.2.2 | An Employer shall:— |
| 21.2.2.1 | not be obliged to pay an Employee during maternity leave; |
| 21.2.2.2 | be obliged to allow an Employee to resume her employment if she reports for duty no later than 13 weeks after the date of birth. |
| 21.2.3 | Notwithstanding the aforesaid, no Employee may resume her employment, prior to a 6 (six) week period after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so. |
| 21.3 | Union leave |
| 21.3.1 | As per each Area below. |