Our summary of the basic guide to key topics about Annual Leave within the labour legislation according to The South African Department of Labour.

The Department of Labour offers basic guides to key topics within labour legislation. Read on for our summary of Annual Leave.

What is Annual Leave?

Basic Conditions of Employment legislation requires that workers get a minimum of 21 consecutive days of annual leave each year.  Employers can only pay workers instead of granting annual leave when employment is terminated.

Who does it apply to:

The Basic Conditions of Employment Act applies to all employers and workers, but not -members of the:
 - National Defence Force,
 - National Intelligence Agency, or
 - South African Secret Service; or
 - Unpaid volunteers working for charity.

The section of the Act that regulate working hours does not apply to:
 - Workers in senior management
 - Sales staff who travel and regulate their own working hours
 - Workers who work less than 24 hours in a month
 - Workers who earn more than an amount stated in terms of section 6 (3) of the Act
 - Workers engaged in emergency work are excluded from certain provisions.

The provisions for annual leave do not apply to:
 - Workers who work less than 24 hours a month
 - Leave over and above that provided for by the Act

Number of Leave Days:

The provisions for family responsibility leave do not apply to workers who work less than:
 - 4 months for their employer
 - 4 days a week for one employer
 - 24 hours a month, or to
 - leave over and above that provided for by the Act.

Number of Leave Days:

Workers must get annual leave of at least:
 - 21 consecutive days, or
 - 1 day for every 17 days worked, or
 - 1 hour for every 17 hours worked.

Timing of Leave:

Both the employer and worker should agree to the timing of leave.  If they cannot agree, the employer makes the final decision.
Leave must be granted not later than 6 months after the end of the annual leave cycle (12-month periods from date of employment).

Pay Instead of Annual Leave:

Employers may not pay workers instead of granting leave, except on termination of employment.

Annual Leave and Public Holidays:

A public holiday cannot be counted as annual leave.

Source: South African Department of Labour