South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)RegulationsRegulations for the Staff of the Human Rights Commission, 1996Chapter VI : Leave12. General provisions |
| (1) | Leave shall be granted to the extent permitted by the demands of the Commission's work and may be refused, curtailed, withdrawn or postponed at any time by the chief executive officer if in his or her opinion the Commission's interests necessitate it: Provided that such refusal, curtailment, withdrawal or postponement of leave shall not prejudice the member of staff's leave benefits. |
| (2) | An application for leave shall be made on a form which corresponds substantially with Form 3 of Schedule A, and shall be signed by the member of staff himself or herself, if possible. |
| (3) |
| (a) | Unless a member of staff has been suspended from duty or if he or she is unable to remain in his or her job or to report for duty due to sudden illness or owing to other circumstances acceptable to the chief executive officer, he or she may not leave his or her job or stay away from work before he or she has applied for leave and has been informed that his or her leave application has been approved. |
| (b) | Except as provided in regulation 15(1)(e), all cases of unauthorized absence from duty, irrespective of any disciplinary measures which may be instituted against a member of staff, shall be regarded as vacation leave without pay, unless the chief executive officer decides otherwise. |
| (4) | In the case of a member of staff who resigns or is dismissed from the Commission's service, all leave shall expire on the day immediately preceding the day on which such resignation or dismissal becomes effective and such member of staff's term of office may not be extended to enable him or her to utilize leave which would have been granted to him or her. |
| (5) | Leave with full pay shall not be granted to a member of staff during the first and last calendar month of service at the Commission: Provided that the provisions of this subregulation shall not be applicable where— |
| (a) | special leave is granted in accordance with regulation 15(1)(a), (d), (e) and (f) during a member of staff's first or last calendar month of service; |
| (b) | special leave is granted in accordance with regulation 15(1)(b) and (c) to sit for examinations during a member of staff's first calendar month of service; |
| (c) | vacation leave is granted in accordance with regulation 14(4) to a member of staff who is dismissed due to medical disability not attributable to his or her own fault; |
| (d) | sick leave is granted in accordance with regulation 14 during a member of staff's first or last calendar month of service; or |
| (e) | the chief executive officer should decide otherwise in exceptional cases. |
| (6) |
| (a) | All absence from duty on leave shall be classified under— |
| (i) | vacation leave— |
| (aa) | with full pay; or |
| (bb) | without pay; |
| (ii) | sick leave— |
| (aa) | with full pay; |
| (bb) | with half pay; or |
| (cc) | without pay; or |
| (iii) | special leave. |
| (b) | The granting of leave under any of the headings mentioned in paragraph (a) shall not influence the granting of leave under any of the other headings, except as expressly provided elsewhere in these regulations. |
| (7) | If vacation leave with full pay or sick leave with full or half pay in excess of such leave provided for in these regulations has been granted to a member of staff and the leave was taken by the member of staff, the chief executive officer may, if he or she is convinced that this was done in good faith, instruct that the period of leave granted in excess— |
| (a) | in the case of sick leave with full or half pay, be set off against vacation leave which the member of staff may have to his or her credit; or |
| (b) | be deducted from any leave under the same heading which may accrue to the member of staff at a later stage: Provided that if the member of staff resigns or if his or her services are terminated before sufficient leave for the purpose of deduction has accrued to him or her, that portion in respect of which no leave with pay has yet accrued to him or her may be regarded as leave without pay and salary in respect thereof may be recovered from the member of staff or may be written off on authorization by the Commission. |