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.