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Chapter 12

PERSONNEL MATTERS

12.12 LEAVE MEASURES

12.12.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]

 

GUIDELINES

  • Personnel Administration Manual [PAM]

 

COLLECTIVE AGREEMENTS

  • PSCBC Resolution 1 of 2007 Agreement on improvement in salaries and other conditions of service [CA 1/2007]
  • PSCBC Resolution 1 of 2012, Government Gazette No. 30134, dated 30 July 2007 and the Determination on leave of absence in the public service, July 2009) [CA 1/2012]
  • The amended determination and directive on Leave of Absence in the Public Service: Implementation of PSCBC Resolution 2 of 2015 and other policy aspects June 2015 [CA 2/2015]

KwaZulu-Natal

POLICIES

  • KZN Policy on Special Leave for Employees as well as absences from… [Reference B4 KZN SL]

 

CIRCULARS

  • HRM Circular No 49 of 2009 dated 20 April 2009: Implementation of revised determination on leave of absence of educators in terms of PSCBC resolution 1 of 2007 [Reference B4 49/2009]
  • HRM Circular No 60 of 2010 dated 11 August 2010: Annual Leave for Public Service Personnel and Educators attached to Educational Institutions (covers annual leave entitlements for PS staff and educators) [Reference B4 15/2010]
  • HRM Circular No 15 of 2011 dated 11 March 2011: Roles and Responsibilities relating to the submission of Leave Forms and Automatic Discharge on account of Misconduct [Reference B4 15/2011]
  • HRM Circular No 16 of 2013 dated 8 March 2013: Roles and Responsibilities for Submission of Leave Forms (this circular references to HRM 15 of 2011) [Reference B4 16/2013]
  • HRM Circular No 15 of 2013 signed 22 March 2013: Prolonged Leave of Absence [Reference B4 15/2013]
  • HRM Circular No 17 of 2013 dated 8 March 2013: Adoption and Surrogacy Leave [Reference B4 17/2013]
  • HRM Circular No 18 of 2013 dated 8 March 2013: Pre-Natal Leave [Reference B4 18/2013]

Limpopo

GUIDELINES

  • Special Leave for Study and Examination Purposes [Reference B5 SL]

Mpumalanga

POLICIES

  • Mpumalanga Department of Education: Bereavement Policy, Feb 2010 [Reference B6 MP BP]

NorthernCape

POLICIES

  • NC Bereavement Policy, 22 May 2017 [Reference B7 NC 22/2017]

 

CIRCULARS

  • Circular 34/2017 – Management of incapacity leave (PILIR) and related consequences (12 Apr. 2017) [Refefence B7 34/2017]

12.12.2Framework for the Development of School Policy on Educators: Leave Measures

(See PAM Chapter H)

Also see also Reference List C [PRINCIPALS]

  1. Annual leave
    • Educators are entitled to annual leave with full pay during each leave cycle of 12 months, commencing on 01 January of each year.
    • An educator retains all her or his leave credit when she or he is transferred within a department or between State departments without a break in service.
    • Unless indicated otherwise in these measures, days of leave granted in respect of any category of leave, other than annual leave, shall not be deducted from an educator’s leave provision in respect of annual leave.
    • An educator shall not be considered to be on leave if she or he:
      • must appear as a witness
        • in any court;
        • in misconduct proceedings or in a misconduct investigation in terms of any law;
        • at inquest proceedings; or
        • before a commission or committee appointed by the State or before any committee or institution instituted by or in terms of any Act;
      • appears as defendant or co-defendant in civil proceedings arising from his or her official duties and in which the State or any statutory body or institution has a direct interest;
      • is taken into custody or must appear in any court on a criminal charge and the offence he or she is charged with is withdrawn or if he or she is acquitted of such offence; or
      • attends or participates in a training programme required by the employer or the professional body with whom s/he is required to register in order to remain registered or with the approval of the employer attends or participates in a training programme or other activity that is in the employer’s interest.
    • Annual leave entitlement of institution-based educators
      • An institution-based educator will be regarded as being on annual leave during institution closure periods that are outside of scheduled working time, provided that the measures regarding the workload, duties and responsibilities of educators may require such an educator to perform some of his or her normal duties, such as preparation for the new school term or the marking of internal examination scripts, during such periods. However, such an educator will not be required to report at any work place to perform any of these duties.
      • If, after sufficient notice, an institution-based educator is required by the employer to report for official duty during an institution closure period outside the scheduled working time, s/he will be remunerated additionally for the performance of such duties in terms of the applicable measures in Chapter C. Such remuneration will not apply in respect of the voluntary performance of duties by an educator during an institution closure period.
      • Save for leave accrued in terms of paragraph 4.5.1 of the PAM, an institution-based educator does not accrue any leave credit for purposes of payments, for carry over to a next leave cycle, or for extending other forms of leave.
    • Annual leave entitlements and measures in respect of office-based educators
      • The main purpose of annual leave is to provide periods of rest to an office-based educator but, subject to these measures, may also be used to extend periods of other categories of leave as provided in these measures.
      • An application for annual leave may not be unreasonably refused, taking into consideration service delivery requirements.
      • The full year leave entitlement of an office-based educator is –
        • 22 working days in respect of an educator with less than 10 years’ service;
        • 30 working days in respect of an educator with 10 or more years of service; and
        • The annual leave entitlement of an educator appointed after 1 January of each year will be calculated proportionally in relation to each full month of service at a rate of 1,83 working days if entitled to 22 working days, and 2,5 working days if entitled to 30 working days annual leave in a leave cycle.
      • Temporary educators appointed for a fixed period and educators appointed in a part-time or shared capacity, will be granted annual leave on a pro rata basis.
      • Temporary educators appointed for a fixed period shall be granted annual leave that is proportional to their term of employment at a rate of one-twelfth of their full year entitlement per month of service.
      • For each 15 consecutive days leave taken without pay, the educator’s annual leave entitlement is reduced by 1/24th.
      • For the purpose of granting annual leave, working days mean Monday to Friday, excluding public holidays.
      • At least 10 working days must be taken as leave days during the annual leave cycle.
      • All leave not taken during a leave cycle must be taken no later than 6 months after the expiry of the relevant leave cycle, where after, unused leave credits shall be forfeited.
      • An employing department must inform office-based educators at the end of each annual leave cycle of the number of leave days that the educator has to his or her credit.
      • An educator must submit his/her application for annual leave in advance, unless unforeseen circumstances prevent him/her from doing so. In such a case the educator must submit an application for annual leave personally or through a relative, fellow employee within 5 working days after the first day of absence.
      • An application for annual leave may not be unreasonably refused. The head of the office/supervisor must take into account service delivery requirements when approving the leave.
      • If due to the employer’s service delivery requirements an office-based educator’s application for leave is denied by the employer and not rescheduled, such leave must, upon request, be paid out to the educator at the end of the 6 months’ period. An educator’s request for payment of unused leave credits must be:
        • in writing;
        • accompanied by written proof of refusal of leave by the employer or of instruction to report for duty as the case may be; and
        • lodged by no later than the end of the relevant 6 months’ period.
      • Heads of Department shall, at the end of the relevant 18 months’ period, report to the relevant legislature on the number of educators denied annual leave, reasons for such denial and the amount paid in this regard.
    • Payout of unused leave credit
      • Office-based educators shall be paid the cash value in respect of unused leave credit upon termination of service and in terms of subparagraph H4.3.9. The payment will be limited to a maximum number of days, equivalent to the annual leave entitlements.
      • Payment of annual leave credits shall be calculated using the educator’s basic salary (with the exclusion of benefits).
      • For all terminations in respect of office-based educators without any capped leave, leave payouts will be calculated in terms of the following formula:
        • {(A – B) + (C – D)} x E
          260.714
        • Where:
        • A = represents the full annual or pro rata leave entitlement in respect of the previous leave cycle. Pro-rata entitlement calculated as
        • X x Y
          12
        • Where –
        • X = Number of completed months of service;
        • Y = Annual leave entitlement per leave cycle.
        • B = represents the leave taken in the previous leave cycle
        • C = represents the pro rata leave entitlement in the current leave cycle (calculated as above)
        • D = represents the leave taken in the current leave cycle
        • E = Represents the educator’s remuneration (annual basic salary plus 37% and in the case of a member of the MMS, the all inclusive package) as at the last day of duty or at the end of the 6 months period mentioned in H.4.3.9 above.
    • For personnel who still have unused leave credits at the expiry of the 6 months period mentioned above, and who complied with the provisions of paragraph H.4.3.9, leave payouts will be calculated in terms of the following formula:
      • (A – B) x C
        260.714
      • Where:
      • A = represents the full annual or pro rata leave entitlement in respect of the previous leave cycle. Pro-rata entitlement calculated as
      • X x Y
        12
      • Where –
      • X = Number of completed months of service;
      • Y = Annual leave entitlement per leave cycle.
      • B = represents the leave taken in the previous leave cycle
      • C = Represents the educator’s remuneration (annual basic salary plus 37% and in the case of a member of the MMS, the all inclusive package) as at the last day of duty or at the end of the 6 months period mentioned in H.4.3.9 above.
  2. Annual leave accrued prior to1July 2000 and during the period 1 July 2000 to 31December 2001
    • Educators shall retain all audited leave credits accrued prior to 1 July 2000. The number of accrued leave days prior to 1 July 2000 shall be converted to working days using the following formula:
      • A x 5
        7
      • Where:
      • A = represents the number of audited leave credits
    • During the periods 1 July 2000 to 31 December 2000 and 1 January 2001 to 31 December 2001 all institution-based educators accrued 5 and 10 working days leave respectively or a pro rata number of such days calculated. Any of these days that were not granted to such an educator since 1 July 2000 shall be added to the number of leave days accrued prior to 1 July 2000.
    • The payouts in respect of such leave credits must be made in the event of:
      • Death
      • Retirement, including early retirement.
      • Medical boarding.
    • The leave payout in respect of educators with capped and audited leave credits will be determined in the following manner:
      • {[(A – B) + (C – D)] x E + (F x G)}
        260.714
      • Where –
      • A = represents the educator’s full annual or pro rata leave entitlement in respect of the previous leave cycle
      • B = represents the leave taken in the previous leave cycle
      • C = represents the pro rata leave entitlement in the current leave cycle
      • D = represents the leave taken in the current leave cycle
      • E = represents the educator’s remuneration (annual basic salary plus 37% and in the case of a member of the MMS, the all inclusive package) as at the last day of duty
      • F = represents the capped leave credits
      • G = represents the educator’s remuneration (annual basic salary only) as at the last day of duty
    • The HoD must determine whether there are periods which are unaudited and in such instances, the educator’s leave payout shall be paid on the basis of 6 days per completed year of service up to a maximum of 100 days in respect of the unaudited leave period. The formula in calculating the payout in respect of these days shall be as per paragraph H.4.5.4 above.
    • The HoD must determine procedures and measures in keeping with service delivery needs, on how educators will be allowed to utilise their leave credits accrued prior to the applicable dates referred to in paragraph H.4.5.1 above over and above the normal vacation entitlements.
    • The Head of Department shall determine whether there are periods which are unaudited and in such instances, the educator’s leave pay-out shall be paid on the basis of 6 days per completed year of service up to a maximum of 100 days in respect of the unaudited leave period. The formula in calculating the pay-out in respect of these days shall be as above.
    • The Head of Department shall determine procedures and measures in keeping with service delivery needs, on how educators will be allowed to utilise their leave credits accrued prior to the applicable dates referred to in paragraph 5.1 above over and above the normal vacation entitlements.
  3. Nomination of beneficiaries and leave pay-outs
    • An educator may, if he or she so desires, designate one or more beneficiaries to whom their leave credits may be paid in the event of their death.
    • If an educator dies and has not nominated a beneficiary, the leave credits may be paid:
    • In full to the spouse/life partner of that educator; or
    • If there is no spouse/life partner, in equal shares for the benefit of minor and other children (including legally adopted children) of the deceased who, at the time of her or his death, were fully dependant on the educator; or
    • If there are no children, to the educator’s estate.
  4. Annual leave with full pay granted in excess (Office-based educators)
    • An educator may not be granted annual leave with full pay in excess of that which the educator has to his or her credit, including leave credit in terms of paragraph H4.5.1.
    • If due to a bona fide error, an educator has been granted annual leave with full pay in excess of that which stood to her or his credit at that time, such excess grant must be deducted from the subsequent leave cycle.
    • If an educator who has been granted excess annual leave with full pay exits the service of the State, such leave granted in excess of what stood to the educator’s credit on such last day of duty must be regarded as an overpayment that must be recovered from her or him.
      • A x B
        260.714
      • Where –
      • A = represents the educator’s remuneration (annual basic salary plus 37% and in the case of a member of the MMS, the all inclusive package)
      • B = represents the number of days annual leave over-granted
      • 260.714 = represents the number of working days in a year
  5. Normal sick leave
    • Educators are entitled to 36 working days sick leave with full pay over a three-year cycle. Unused sick leave shall lapse at the expiry of the three-year cycle.
    • If an educator is unable to report for duty due to sudden illness, she or he must immediately notify his/her immediate supervisor of her or his inability to report for duty. An educator must submit an application for sick leave personally or through a relative, fellow educator within 5 working days after the first day of absence.
    • Educators who apply for three or more sick leave days must submit a medical certificate. For purposes of normal sick leave medical certificates issued and signed by the practitioners and persons who are certified to diagnose and treat patients, and who are registered with the following professional councils established by an Act of Parliament shall be accepted:
      • The Health Professions Council of South Africa.
      • The Allied Health Professions Council of South Africa.
      • The South African Nursing Council.
    • A medical certificate must contain the following information:
      • The name, address and qualifications of the practitioner or person
      • The name of the patient.
      • The employment number of the patient (if applicable).
      • The date and time of examination.
      • Whether the practitioner is issuing the certificate as a result of personal observations during an examination received from the patient and which is based upon acceptable medical grounds.
      • If the patient has given informed consent for it to be disclosed, a description of the nature and extent of the illness or injury in layperson’s language.
      • Whether the patient is totally indisposed for duty or whether the patient will be able to perform less strenuous duties in the work situation.
      • The exact period of recommended sick leave.
      • The date of issue of the certificate of illness.
      • A clear indication of the identity of the practitioner or person who issued the certificate.
      • The initial and surname in block letters, and the registration number of the practitioner who issued the certificate.
    • In instances where a pattern in the utilisation of sick leave has been established, a certificate may be required for absences of less than three working days. Notwithstanding the submission of a certificate, the employer may, on the grounds of further medical advice, refuse to grant sick leave for any absence from duty to which the certificate relates, and the absence shall be considered as leave without pay.
    • For every 15 consecutive days’ leave taken without pay, an educator’s sick leave entitlement shall be reduced by 1/72 per sick leave cycle.
    • The HoD must accept medical certificates that do not describe the nature and extend of an educator’s illness for sick leave taken during the normal sick leave cycle. The employer may request from the educator a medical certificate describing the nature and extent of the illness before granting sick leave, if the educator abuses the system during the normal sick leave period (e.g. a pattern of regular sick leave on Mondays and Fridays).
    • For purposes of temporary incapacity leave the employer only accepts medical certificates issued and signed by practitioners registered with the Health Professions Council of South Africa. and who are legally certified to diagnose and treat patients. Such medical certificates must describe that the illness or injury is temporary and, if the educator has given his/her informed consent, the nature and extent of the educator’s illness or injury.
    • If an educator in his/her first 36 days normal sick leave period, who has been absent from work on more than two occasions during an eight-week period, must regardless of the duration of the sickness or injury, submit a medical certificate stating that the educator was unable to work for the duration of the employee’s absence due to sickness or injury.
    • Any subsequent day of absence due to sickness or injury after the above-mentioned period must then be regarded as the first day of the next 8-week period. If the educator fails to submit the required medical certificate, the head of the institution must notify the educator that if the prescribed medical certificate is not received within 2 working days, the sick leave period will be deemed to be leave without pay.  If the educator fails to submit the medical certificate on time, the relevant absence must be covered by annual leave (with the educator’s consent), and or unpaid leave, if insufficient annual leave credits are available, and if the educator failed to notify the head of the institution of his/her choice.  Failure by the educator to submit his/her medical certificate within the stated period must be viewed in a serious light and disciplinary steps against the educator should be taken.
    • If an educator falls ill whilst on annual leave with full pay, such leave may be converted to sick leave provided that a certificate from a registered medical practitioner is submitted within 30 days to substantiate the indisposition.
    • Vacation leave without pay may not be converted into sick leave.
  6. Incapacity leave
    • Temporary incapacity leave
      • An educator who has exhausted her or his sick leave credit in a three-year cycle and who, according to the relevant medical practitioner, requires to be absent due to incapacity that is not permanent may be granted additional sick leave with full pay.
      • Such a condition must have been certified in advance by the attending medical practitioner as a temporary incapacity except where conditions do not permit.
      • For an educator’s application for temporary incapacity leave to be considered,
        • The educator must submit sufficient proof that he/she is too ill/injured to perform his/her work satisfactorily.
        • An application form must, regardless of the period of absence, be accompanied by a medical certificate issued and signed by a medical practitioner that certifies his/her condition as temporary incapacity and if the educator has consented, the nature and extent of the illness/injury.
        • The educator is, in accordance with item 10(1) of Schedule 8 to the LRA, afforded the opportunity to submit, together with his/her application form
          • Any medical evidence related to the medical condition of the employee, such as a medical report(s) from a specialist, blood results, x-ray results or scan results, obtained at the employee’s expense; and
          • Any additional written motivation supporting his/her application.
      • The educator is requested to give his/her consent that medical information/records be disclosed to the employer and/or its Health Risk Manager and to undergo further medical examinations in terms of the assessment process described in the PILIR.
      • The Head of Department may require the educator to obtain a second opinion before granting approval for additional sick leave. Expenditure in this regard will be met from the departmental budget.
      • The Head of Department may grant a maximum of 30 consecutive working days leave with full pay during which period an investigation must be conducted into the nature and extent of the incapacity. The investigation shall be conducted in accordance with item 10(1) of Schedule 8 of the Labour Relations Act, 1995.
      • On the basis of medical evidence, the Head of Department may approve the granting of additional sick leave days on conditions that she or he shall determine.
      • If the educator is of the view that she or he has been unfairly treated as regards the granting of additional sick leave, she/he has the right to follow the grievance procedure and the relevant dispute resolution procedures in order to settle the matter.
    • Permanent incapacity
      • Educators whose degree of incapacity has been certified by a competent medical practitioner as permanent shall, with the approval of the Head of Department, be granted a maximum of 30 working days paid sick leave, or such additional number of days required by the employer to finalise processes mentioned below.
      • The employer shall, within 30 working days, ascertain the feasibility of:
        • Alternative employment; or
        • Adapting duties or work circumstances to accommodate the educator.
      • An educator, whose degree of incapacity has been certified as permanent but who can still render a service, may, in terms of the applicable measures, be redeployed horizontally with retention of her or his benefits.
      • If the redeployment necessitates reallocation to a job of a lower grading, such action should be explained well in advance and the continued utilisation of such an educator should, in this regard, be with her or his consent.
      • In instances where the educator’s redeployment entails retraining, the employer shall take requisite resources (time and financial) and potential returns into consideration before approving redeployment.
      • The redeployment of an educator’s services should ensure the optimal utilisation of her or his competencies and should not compromise service delivery.
      • If the employer or the educator is convinced that the educator will never be able to render an effective service at her or his level or rank, the educator may proceed with an application for termination of service due to ill health.
      • The HoD may extend the period of permanent incapacity leave referred to in paragraph H.5.4.1 by a further 30 working days in order to finalise processes already commenced. If the processes set out in this Chapter are not completed within the 60 working days, the HoD must report the case to the DG of the DBE together with a report explaining the reasons for the delay.
  7. Leave for occupational injuries and diseases
    • Educators who, as a result of their work, suffer occupational injuries or contract occupational diseases, shall be granted occupational and disease leave for the duration of the period they cannot work.
    • If an educator suffers a work-related injury as a result of an accident involving a third party, the Head of Department shall grant her or him occupational injury leave provided that the educator:
      • Brings a claim for compensation against the third party.
      • Undertakes to use compensation (in terms of the Compensation for Occupational Injuries and
      • Diseases Act of 1993) received to recompense as far as possible for the employer’s contribution to the cost arising from the accident.
    • The Head of Department shall take reasonable steps to assist an educator to claim compensation.
    • When an educator is injured on duty or contracted an occupational disease the employer must pay the educator’s medical expenses in terms of the provisions of the Compensation on Occupational and Injury and Disease Act, The employer may, depending on the circumstances, recover certain expenses in the event where a third party was involved in the accident. Please refer to the guide: “Application Of The Compensation For Occupational Injuries And Diseases Act (COIDA) In The Workplace: A Guide For Government Departments” for further details.
  8. Special leave for quarantine purposes
    Special leave with full pay may be granted to an educator who has been exposed to a medical condition that requires such person to be placed under quarantine.
    Application for such leave must be accompanied by a certificate from a medical practitioner stating the period of quarantine as well as the reasons necessitating such leave.
  9. Maternity and Pre-Natal leave
    • An educator is entitled to 4 consecutive months’ maternity leave on full pay to commence at least 14 days prior to the expected date of birth but not later than the actual date of birth in a case of a premature confinement.
    • Maternity leave may be extended upon application by one or more of the following:
      • the granting of sick leave as a result of a medical complication;
      • the granting of up to 184 consecutive days unpaid leave; and
      • the granting of annual leave, including leave accrued if applicable.
    • An Educator who experiences a miscarriage, still birth or termination of the pregnancy after starting paid maternity leave, shall be eligible for six consecutive weeks paid maternity leave, where-after the granting of sick leave as a result of a medical complication shall apply.
    • For at least six weeks after the birth, no educator may commence with normal official duty unless the attending practitioner certifies that the educator is fit to do so.
    • Where it is practically feasible and subject to the previous bullet, an employer may allow an educator to interrupt her maternity leave by letting her return to work temporarily if the baby is hospitalised for a period longer than a month during the maternity leave due to premature birth or illness.
    • With effect from 1 January 2013 an eligible educator will be entitled to 8 working days pre-natal leave, per pregnancy, allowing the educator to attend medical examinations by a medical practitioner or midwife, and tests related to the pregnancy.
    • An educator can utilise a full day or part of a day for pre-natal leave.
  10. Adoption and Surrogacy leave
    • An educator who adopts a child that is younger than two years, qualifies for adoption leave to a maximum of 45 working days where-after the granting of up to 184 consecutive days unpaid leave and the granting of annual leave, including leave accrued if applicable shall apply.
    • If both spouses or life partners are employed in the Public Service, both partners qualify for adoption leave provided that the combined leave taken does not exceed 45 working days.
  11. Family responsibility leave and special leave for urgent private affairs
    • An educator shall be granted 5 working days leave per annual leave cycle if:
      • the educator’s spouse or life partner gives birth; or
      • the educator’s child, spouse or life partner is sick.
    • An educator shall be granted 5 working days leave per annual leave cycle if:
      • the educator’s child, spouse or life partner dies; or
    • An institution-based educator may, during a scheduled working period, be granted special leave to attend to: an urgent private matter, the nature of which is such that it warrants such an educator’s absence from work.
    • The number of leave days taken in terms of sub-paragraphs i. and ii. shall, in respect of an office based educator, not exceed 10 working days in an annual leave cycle.
    • The number of leave days taken in terms of sub-paragraphs i. to iii. shall, in respect of an institution based educator, not exceed 14 working days in an annual leave cycle.
    • An educator who has used all his or her leave in respect of subparagraphs i. to iii. may apply to:
    • Use available annual leave, including leave accrued in terms of paragraph i.; or
    • Use up to 184 calendar days of unpaid leave.
    • Immediate family member for purposes of paragraph H.10.2.2 and H.10.5.2 means the educator’s parent, adoptive parent, parents-in-law, sister- and brother-in-law, grandparent, child, adopted child, stepchild, grandchild or sibling. For the purposes of this provision “child” means the educator’s son or daughter, and where applicable son- or daughter-in-law, of any age.  The granting of family responsibility leave must be taken with due consideration of the employee’s cultural responsibilities.
    • An educator shall be granted five (5) working days per calendar year of family responsibility leave with effect from 20 May 2015 for employees with children who have severe special needs. (PSCBC Resolution No. 2 of 2015)
    • For purposes of paragraph H.10.9, a child with severe special needs is a child who has a mental, emotional or physical disability, certified by a medical practitioner, which requires health and related services of a type or amount beyond that required by children generally.
    • An application for family responsibility leave shall be supported by reasonable proof to demonstrate the severe special needs of the employee’s child.
  12. Paternity leave (PSCBC Resolution 2 of 2015)
    • 3 working days per calendar year of paternity leave for utilisation if the employee’s spouse of life partner gives birth to a child or adopts a child not older than two years.
    • An employee who has used all his/her paternity leave may, subject to the approval of the HOD, apply to:
      • Use his/her part or all of the 5 working days family responsibility leave provided in paragraph 10.1 and 10.4
      • Use available annual leave; or
      • Use up 184 calendar days of unpaid leave
    • An application for paternity leave shall be supported by reasonable proof.
  13. Special leave
    • Special leave for professional and personal development and for religious observances
      • Special leave with full pay may be granted to an institution-based educator
        • to engage in activities aimed at his or her professional development;
        • to engage in activities aimed at his or her personal development where such personal development is also in the interest of the employer; or
        • for a religious observance.
      • The total number of leave days granted to an institution-based educator may not exceed 3 working days per annual leave cycle.
    • Special leave for study purposes
      • Special leave may be granted to an educator for an approved course of study and for a period approved by the employer, on conditions as approved by the employer, including leave with full or partial pay or without pay.
      • If special leave with full or partial pay for study purposes is granted to an educator in terms of subparagraph
      • – the employer may call for periodic progress reports in respect of the educator’s studies and such educator shall enter into an agreement with the employer in a form approved by the employer in terms of which he or she undertakes to serve the employer immediately after completion of the period of special leave for study purposes for a period (hereinafter referred to as the service period) equal to at least the period for which special leave for study purposes on full pay has been granted to him or her, or for a service period proportional to the person’s pay during the period of special leave for study purposes, as the case may be.
    • Special leave for examination purposes:
      An educator may be granted special leave for examination purposes with full pay for each day on which such educator sits as a candidate for an examination approved for this purpose by the employer plus one additional day of special leave for study purposes for each such day of examination which may be taken on the working days immediately prior to the days of examinations.
    • Special leave for participating in sporting, cultural and other events:
      Special leave for a period and on conditions approved by the Head of a Department, in terms of policy of such department, may be granted to an educator for participating in sports, cultural, local council and other relevant activities. Participation for which leave may be granted may include representation of the country, province or other comparable level as an actual participant, referee, adjudicator, course or group leader, or for participating in or attending a relevant conference, meeting or other event approved for this purpose by the employer.
    • Special leave in extraordinary circumstances
      • Subject to section 14 of the Act and notwithstanding any disciplinary measures that may apply, unauthorised absence by an educator shall be regarded as special leave in extraordinary circumstances and shall be without pay unless the employer in a specific case determines otherwise.
      • If, in the opinion of the employer, circumstances justify it, it may grant or place an educator on special leave in extraordinary circumstances for any reasonable purpose and for any reasonable period, and such leave shall be without pay unless the employer determines otherwise.
  14. Unpaid leave
    • If an educator has utilised all her or his accrued annual leave, the Head of Department may grant her or him unpaid leave up to a maximum of 184 consecutive days.
    • Absences from work due to arrest, imprisonment or appearance in court on a criminal charge that leads to a conviction must be recorded as unpaid leave.
  15. Unpaid leave for continuity of service
    • Unpaid leave for a maximum of 120 consecutive days may be granted to an institution-based educator who was previously employed as an institution-based educator by the same or another education department for the purpose of retaining the continuity of the educator’s service.
    • The unpaid leave shall commence on the day immediately following the date on which the educator last received salary from his or her previous employer and shall expire on the day preceding the date of assumption of duty with the present employer.
    • The limitation of 120 days referred to in sub-paragraph H17.1 shall not apply to an educator in cases where the period concerned extends from the day immediately following the last day of a term to the day immediately preceding the first day of the term after a full term has elapsed.
    • Where unpaid leave for continuity of service has been granted to an educator, the service of the educator is regarded as continuous for all purposes of determining his or her period of service.

12.12.3Leave Provisions For Educators In A Temporary Capacity (Fixed Term Contract)

(PSCBC Resolution 1 of 2007, Government Gazette No. 30134, dated 30 July 2007 and the Determination on leave of absence in the public service, July 2009)

An educator appointed in a temporary capacity (fixed term contract) is eligible to the following types of leave on a pro rata basis linked to the duration of his/her contract:

  1. Annual leave
    An office-based educator appointed in a temporary capacity (fixed term contract) shall at the beginning of his/her contract period be granted annual leave that is proportional to his/her term of employment at a rate of one-twelfth of the annual leave credit applicable to the educator.  Annual leave for temporary school based educators is dealt with in paragraph H.4.2.
  2. Normal sick leave
    An educator appointed in a temporary capacity (fixed term contract)  shall at the beginning of his/her contract period be granted normal sick leave that is proportional to his/her term of employment at a rate of 1 day’s normal sick leave per month of service.
  3. Maternity leave
    An educator appointed in a temporary capacity (fixed term contract) shall be granted paid maternity leave that is proportional to her term of contract at a rate of 10 calendar days maternity leave with full pay calculated at each month of her term of contract to a maximum of 4 months, where after maternity leave without pay shall be granted. The total period granted in respect of maternity leave shall not exceed four consecutive months.
  4. Adoption leave
    A temporary educator who adopts a child that is younger than two years, shall qualify for adoption leave at a rate of 4 days paid leave for each month to a maximum of 45 working days
  5. Other provisions
    The terms and conditions attached to the granting of the above types of leave, as well as the provisions contained in: paragraph(s) H.4.4, H.4.6, H.5.3, H.5.4 (where applicable), H.5.2.5, H.5.2.6, H.6, H.11 and H.12 (where applicable) apply mutatis mutandis to an educator appointed in a temporary capacity (fixed term contract).