Military Ombud Act, 2012 (Act No. 4 of 2012)NoticesRemuneration and Other Terms and Conditions of Service for the Staff of the Military OmbudPart 5 : Leave Benefits |
| 39. | Vacation Leave: Employees are granted twenty two (22) days of vacation leave for each leave cycle when having less than ten (10) years of service with the Office. Employees with ten (10) years and more service are granted thirty (30) days vacation leave in a leave cycle. |
| 40. | The Office will recognise previous service with organs of state on appointment of an employee who was in full-time employment on the day immediately preceding the date of appointment at the Office. This previous service shall then count for leave purposes. |
| 41. | A leave cycle starts on 01 January of a year and ends on 31 December of the same year, although extension is given up to 30 June of the next year to utilise all leave credits for that leave cycle. Any leave days not utilised will be forfeited. |
| 42. | There will be no accumulation of leave days. |
| 43. | Pro-rata leave days will be granted for employees who were appointed after the start of the leave cycle. |
| 44. | Leave pay outs will take place in accordance with the policy on termination of service. |
| 45. | Sick Leave: Employees are granted thirty six (36) days sick leave in a three (3) year cycle. The next cycle will start on 01 January 2016. Unused normal sick leave will lapse on completion of the leave cycle. |
| 46. | Sick leave is divided into three (3) major categories namely, normal sick leave, Temporary Incapacity Leave (TIL) and Permanent Incapacity Leave (PIL). |
| (a) | Normal Sick Leave: Employees are entitled to sick leave within the prescripts of the policy and should submit a medical certificate for sick leave of more than two (2) consecutive days or where a tendency occurs of sick leave just before or after a weekend or public holiday. |
| (b) | Temporary Incapacity Leave: Incapacity leave is not automatically given, nor is it unlimited additional sick leave simply validated by the mere submission of a medical certificate, even though from a medical specialist. Incapacity leave is additional sick leave granted conditionally at the discretion of the Ombud. Sufficient proof should be submitted to confirm that he/she is too ill/injured to perform his/her work satisfactorily. All compulsory documents according to the policy should be submitted along with the application for incapacity leave. Incapacity leave is limited to thirty (30) days which can be extended with another thirty (30) days depending on the outcome of the investigation or the extent of the employees' illness/injury. |
| (c) | Permanent Incapacity Leave: An employee shall not directly access or apply for permanent incapacity leave. The Office may grant an employee up to a maximum of thirty (30) days permanent incapacity leave once the assessment and investigation determined that the employee's condition is of a permanent nature. |
| 47. | General Sick Leave: The supervisor/manager may grant employees time off in terms of the sick leave provisions in the event where an employee has to consult a doctor, therapist, etc. for reasons related to the employees' health/wellness, or for fitment, adjustment or maintenance of equipment of disabled employees to perform his/her job. The supervisor/manager may require the necessary proof of such events /occurrences to properly monitor the utilisation of sick leave. |
| 48. | Leave for Occupational Injuries and Diseases: If an employee is occupationally injured or contracts an occupational disease, the Office shall grant occupational injury and disease leave with full pay for the duration of the period that the employee cannot work. |
| 49. | Maternity Leave: Employees are entitled to four (4) consecutive calendar months maternity leave. Maternity leave may be extended by the supervisor /manager, upon application by granting sick leave as a result of a medical complication, or up to hundred and eighty four (184) calendar days unpaid leave, or annual leave. Miscarriages/stillbirth /termination of pregnancy on medical grounds are handled according to the prescripts of the policy. |
| 50. | Adoption Leave: An employee who adopts a child who is younger than two years shall qualify for adoption leave to a maximum of forty-five (45) working days. |
| 51. | Responsibility Leave: An employee shall be granted five (5) days leave per annual leave cycle for utilisation if the employee's spouse or life partner gives birth to a child or the employee's child, the employee's spouse or life partner is ill, or the employee's child, spouse, life partner or immediate family member dies. Proof of illness, birth or death will be required in these circumstances. |
| 52. | Leave for Office Bearers or Shop Stewards of Recognised Employee Organisations: An employee of the Office who is an office bearer or shop steward of a recognised employee organisation shall receive ten (10) working days paid leave per annum for activities related to his/her union position. |
| 53. | Special Leave: Special leave with full pay may be granted to an employee under the following circumstances: |
| (a) | Leave for Examination Purposes: to prepare him -/herself for any examination on the day prior to the examination(s) and on the day on which the employee sits for examination(s); |
| (b) | Leave for Study Purposes: Special leave with full pay equal to the number of days on which the employee sits for an examination may be granted to enable the employee to prepare him-/herself for the examination. Study leave on the basis of one day special leave with full pay for each day annual leave with full and thereafter, if necessary, annual leave without pay may be granted to the employee in connection with his /her studies, (known as 50 -50 basis); |
| (c) | Leave for Sport Purposes: Special leave with full pay and absence from the workplace may be granted to an employee for the purpose of representing South Africa, a province or a level between provincial and national as player or as team management, within policy prescripts; |
| (d) | Resettlement Leave: A maximum of two (2) working days special leave with full pay may be granted to an employee who was appointed with the Office and who has to relocate, to supervise the packing/loading and unloading/unpacking of personal effects; |
| (e) | Leave for Rehabilitation Purposes: If an employee has completed a reasonable period of satisfactory service and abuses alcohol or another substance, the employee may be granted special leave with pay once -off according to the prescripts of the policy. |
| (f) | Special Leave Miscellaneous: A number of cases as stipulated in the policy can be used by the supervisor/manager to grant special leave with full pay to an employee at his/her discretion. |