January 6, 2018 | Author: Anonymous | Category: Social Science, Law, Contract Law
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Short Description



November / December 2011

Focus Areas  Old practices and the new Leave policy – what does it

mean for:  Line Managers / Supervisors  Staff

 Transition Arrangements – i.e. the move from our

current dispensation the new one including leave payouts

Major changes from the current dispensation to the new one  Annual leave  Split between statutory and contractual leave  Forfeiture of contractual leave if not taken  Leave paid out on termination – has increased from a maximum of 26 days to a maximum of 30 days  Long Leave  Sick leave

Applicability  All permanent support staff positions  Long-term contract positions that are funded by

Rhodes University  Support staff in Institutes, Centres and Units of Rhodes University (subject to budget constraints and to particular operational requirements)  Contract staff in specific circumstances as outlined in the policy

Key Principles  Ethical and legal approach  Transparent  Shared responsibility / partnership – i.e. staff,

management and HR  Fair and equitable treatment of staff  Accountability by staff  Recognition of diversity  Timing of leave – ideally leave should suit both the staff member and the institution

Specific Responsibilities  Human Resources  Ensure that the leave rules and provisions are clear and    

 

properly communicated Ensure consistent application Provide Support and guidance to staff and managers Adhere to relevant legislation Provision of accurate leave information Where necessary, champion staff rights within this process Raise concerns with management and staff in respect of leave

Specific Responsibilities  Manager/Supervisor  Ensure that they are their staff have a basic   

 

understanding of the institution’s various leave policies Ensure consistent and fair treatment Ensure adherence to the policy To raise any concerns they have regarding the leave policy with HR and to provide input as to what is working/not working when the policy is due for review To attend to staff leave applications timeously To work within the framework of the disciplinary code if their staff violate the leave policies of the institution

Specific Responsibilities  Staff  Ensure that you have a basic understanding of the leave policies of  

the institution Apply for leave timeously Raise any concerns you have regarding the leave policies with your line manager and/or HR (including the approval and management of your leave) To engage ethically and responsibly in terms of your application for and taking of leave To understand that violating the leave policies of the institution could lead to disciplinary action in terms of the Staff Disciplinary code

Leave Application and Administration of Leave  Leave applications – generally not less than one working

week  Leave applied for must be approved in writing by your line manager and confirmed by HR  Concerns regarding consistent application and failure to apply for leave timeously and/or approval leave timeously must be escalated to HR  In cases where there is a legal risk to the Institution, HR will have final decision-making responsibilities (HR will endeavour to ensure that all relevant stakeholders are consulted prior to any final decision taking place)

Key Principles and Guidelines

Annual Leave (including shut-down leave)  Annual Leave  30 days (15 statutory, 15 contractual) per leave cycle. A leave

cycle is January to December. For new staff their annual leave will be pro-rata in their first year of employment  In general must be applied for in advance and is subject to operational requirements  BCEA requires every staff member to take at least 15 working days annual leave per annum (ideally consecutively) and for the employer/the line manager to facilitate this (in instances where this is not possible the leave should be taken no later than 6 months after the leave period)  Institutionally we require staff to take annual leave at the end of the year (known as shut-down leave)

Annual Leave (including shut-down leave) continued  Annual Leave (continued)  May not accrue from one cycle to the next nor is it possible for staff

to forfeit statutory annual leave. It is for this reason that generally statutory annual leave will always be deducted first.  Contractual leave that is not taken within 6 months of a leave cycle will be forfeited. This means that at any given time staff will start to forfeit leave when their balance reaches 45 days  Upon termination of employment one leave cycle will be paid out, i.e. 30 days  Staff may ‘cash-in’ a maximum of 50% of their contractual leave (provided there is budget and the staff member has sufficient leave for shut down).

Annual Leave (including shut-down leave) continued  Shut down leave  Will generally be between 8 to 9 working days  The last day of work before shut-down is a full working day  There are areas of the University that are required to stay

open during shutdown – protocols exist for this and include standby during shutdown  No-one who is on annual statutory leave may be on standby  Staff who do not have enough leave will be given leave in advance (in instances where staff are unlikely to accumulate the necessary leave unpaid leave will be granted)

Long Leave  Excludes the following staff  Those employed after 01 July 2009  Catering and housekeeping staff on grades 6 to 9 even if

employed before 01 July 2009  Staff on grades 1 to 5 even if employed before 01 July 2009  Any staff who received a once off payout in lieu of long leave not having being granted as a benefit prior to 01 July 2009  Any individuals for whom the cash portion of their remuneration or part thereof has been adjusted by the value of the long leave

Long Leave  Accumulates annually and has a January to December cycle  Long leave retained acquired a value from January 2010  Staff have 2 years to take their long leave – if not taken it will 

automatically be paid out at the rate it was earned Staff who have their long leave and move from position to another within the Institution may elect to retain their current long leave entitlement (no increase of long leave e.g. from 26 to 56 days if moving to higher grade). May be taken in conjunction with other types of leave, e.g. annual leave Accumulation of long leave from one cycle to the next may only be done provided there is an agreement with the line manager (subject to operational requirements) and it is consistent with policy. HR after consultation with the manager is able to decline requests to accumulate long leave

Sick Leave  Granted to staff who are unable to report to work

because of illness or injury  If not ill or injured, is not permissible time off work in addition to other leave!  Has a 3 year cycle which starts from the date of employment or the completion of the prior sick leave cycle  30 working days in a 3 year cycle

Sick Leave  When applying for sick leave  If ill or injured staff must notify their line manager/supervisor no 

later than 10h00 on the 1st day of absence Upon return to work applications for sick leave must be submitted within 24 hours A valid medical certificate must accompany ALL sick leave applications that are more than 2 consecutive days in order for paid sick leave to be granted. If a staff member is absent from work for more than 2 occasions (no matter for how long) during an 8 week period the line manager may request a valid medical certificate In general Saturdays and Sundays do not count as sick leave days unless they happen to be a work day

Sick Leave  When applying for sick leave (continued)  Where a staff member falls ill during annual and/or long leave this may

 

be converted to sick leave. A request to have this done must be sent to HR in writing with the necessary medical certificate, irrespective of the number of days of sick leave If sick leave is exhausted before the 3 year cycle is complete the staff member may be required to use annual leave, long leave or special sick leave. In some instances unpaid leave may apply. Sick leave does not carry over from one cycle to the next If a staff member comes to work and goes home after 12h45 (i.e. 4 hours and 45 minutes of work) because she/he is not feeling well this shall generally not count as sick leave . If the staff member goes home before 12h45 then the day will be counted as a day of sick leave. There is provision for staff to see doctors/specialists during work hours

Special Sick Leave  Is used when sick leave is exhausted  Is granted at the discretion of HR in consultation with the line manager  Is granted taking into account the following:  Length and nature of service  Patterns of sick leave  Those found guilty of abuse of sick leave will not be

considered for special sick leave  The availability of other leave  The reasons for the request for special sick leave

Parental Leave  There is a separate policy for this that covers both the

benefits and leave allotments for staff  Covers  Maternity Leave  Paternity Leave  And the conditions applicable to both

Additional Leave  6 days over a 3 year cycle  Is applied for via a written motivation (including

reasonable proof) to your line manager who in turn submits to HR  Does not accumulate from one cycle to the next  Is not paid out upon termination of employment  May be used for:  The celebration of religious/recognised Holy days that are not

already declared public holidays  Representing South Africa at national/provincial level  Supplementing family responsibility leave

Family Responsibility Leave Family responsibility leave has been extended (beyond that specified by the BCEA) to include the following: • The birth of a staff member’s child or adopted child or foster child; • Illness of a staff member’s child, adopted or foster child or spouse/life partner; • Death of a staff member’s spouse/life partner, child, adopted child, parent, parent-in law, adoptive parent, grandparent, grandparent in law, grandchild or sibling.

Study and Examination Leave  One working day of study leave prior to the exam being written as well

  

as the day of the exam up to a maximum of 10 working days per annum (i.e. 5 working days for study leave and 5 working days for exams) If the exam is on a Monday the staff member may take the Friday before as study leave For courses that are not examinable, e.g. Masters, PhD’s etc the equivalent amount of study leave will be granted, i.e. 10 working days Reasonable proof is required Does not accumulate from one year to the next Staff who fail their exams and/or do not write will generally not be eligible the following year

Unpaid Leave and Leave in Lieu of Overtime (LILO)  Unpaid Leave  Must be applied for and is granted at the discretion of the manager

after consultation with HR (to ensure consistent practice)  Together with possible disciplinary action, is used where there is leave without prior approval

 Leave in Lieu of Overtime (LILO)  Must be taken within 3 months of having been earned otherwise it

will be paid out at not less than the rate it was earned

 Injury on Duty (IOD)  If staff are injured on duty and provided the necessary medical

reports are in place and the accident has been reported to HR the leave granted to staff as a result of an IOD shall not be taken off a staff members sick leave but recorded as IOD leave

Annual Leave  No annual leave payouts (exception is staff retiring in 2012 – if they have 2 x   

their annual entitlement at the end of 2012 it will be paid out) Opening balances for 2012 not to exceed 20 working days (15 on the statutory leave line and 5 on the contractual leave line) Balance to be moved to an accumulated annual leave line where it will remain until it is either taken or the staff member leaves Once your annual leave balance exceeds 45 working days you will start to forfeit leave, i.e. from 01 January 2012 any accumulated leave beyond 45 working days will not be moved to the accumulated annual leave line, it will be forfeited Any payouts on annual leave are subject to budget and to a maximum of 50% of a staff members contractual annual leave allotment. In any given year where there is a budget for this HR will notify staff and ask for requests for staff wishing to have some of their contractual leave paid out

Long Leave  It is proposed that there are leave payouts for long leave(subject to

Council approval):  To pay staff for long leave not sold for: 

2010 and 2011 at their respective rates unless the staff motivate in writing to HR not to have their long leave paid out, i.e. the payment of leave will be the default. A payout will only be made once a staff member has signed and submitted their leave declaration. Council meets 01 December 2011 – if payment is approved letters will go out on 02 December 2011 in respect of leave payouts. Staff have until 07 December to advise HR in writing if they do not want their long leave paid out. Provided we have sufficient funds to pay out some 2009 leave at the 2009 rate and that all leave declarations have been received.

Long Leave  Opening balances for long leave will be zero – long leave will accumulate from January 2012 on a January to December cycle  All remaining long leave (which has no value) will be put into an accumulate long leave line which must be used by December 2016 (the only exception is those retiring in 2012, 2013 and 2014)  It is advisable for staff retiring to trade in their long leave 12 months before their retirement date

Sick Leave  Everyone’s sick leave cycle will move from 36 days to 30

days  6 days will be moved to additional leave – where staff have less than 6 days of sick leave these will be moved to additional leave, leaving no sick leave days  Staff who run short of sick leave as a result of the above conversion will automatically be granted special sick leave up to a maximum of 6 days in the current cycle only. Thereafter the principles that drive the allocation of special sick leave shall apply.

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