Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)

Regulations

Local Government: Regulations on Appointment and Conditions of Employment of Senior Managers

Chapter 4 : Conditions of Employment

23. Annual leave

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(1) In this regulation the annual leave cycle is calculated from 1 January to 31 December.

 

(2) A senior manager must apply for annual leave on an official leave from attached as Annexure E to these regulations.

 

(3) Notwithstanding subregulation (1), a municipality that has an on-line application form may use an on-line application form: Provided that the on-line application form substantially corresponds to the application form in Annexure E and complies with these regulations.

 

(4)The paid annual leave to which a senior manager is entitled must be stipulated in the employment contract.

 

(5)A senior manager who commences employment after 1 January is entitled to paid annual leave on a pro rata basis.

 

(6)A senior manager is entitled to not more than two working days leave on full remuneration for every month which the senior manager worked in any annual leave cycle.

 

(7)A senior manager does not accrue leave during any period of unpaid leave or if the senior manager is absent from work without permission.

 

(8)The accrual of leave must be reduced on a pro rata basis in accordance with the number of unpaid leave days or days on which the senior manager was absent without permission.

 

(9)A senior manager must take at least 10 working days annual leave in each annual leave cycles: Provided that the remaining days must be taken before the end of the following annual leave cycle, failing which they are forfeited.

 

(10)A senior manager may only take annual leave with the prior written approval of the mayor or municipal manager, as the case may be.

 

(11)A senior manager's application for annual leave may not be unreasonably disapproved.

 

(12)A senior manager whose annual leave application is not approved as a result of operational requirements must be informed in writing of the refusal, the reasons for the disapproval and the future arrangements for rescheduling  the annual leave.

 

(13)A senior manager who is recalled from leave due to operational requirements must be credited with the number of annual leave days forsaken.

 

(14)The municipality must—
(a)encourage senior managers to take their annual leave in the annual leave cycle in which they accrue; and
(b)establish a system to record accurately the leave taken by senior managers.