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19 August  2008: No 45/08

AMENDMENTS TO POLICY ON LEAVE OF ABSENCE: PUBLIC SERVICE ACT PERSONNEL (PSAP)

As a result of the implementation of PSCBC Resolution 1 of 2007 amendments to clarify provisions were promulgated via the Department of Public Service and Administration’s letter 17/6/P of 8 July 08 to which the Determination on Leave of Absence in the Public Service, July 2008 was attached.

The policy has been distributed via letter CHR/CDHRSD&P/DHRSS/R/104/14/P of 30 Jul 08 and may also be found on the HR website.

APPLICABILITY

The leave policy will apply to employees who are appointed into the Public Service Act, 1994 as amended.

AMENDMENTS TO THE LEAVE POLICY

The definition of “Remuneration” was amended as follows:

• In respect of employees on salary levels 1 to 10
  • for purposes of calculating pay for unused annual leave and severance pay, remuneration means the employee’s annual basic salary plus 37% of his/her basic salary; and
  • for purposes of calculating capped leave and unpaid leave, remuneration means the employee’s annual basic salary.
• In respect of a member of the Middle Management Service (MMS)
  • for purposes of calculating pay for unused annual leave, unpaid leave and severance pay, remuneration means the employee’s all inclusive remuneration package; and
  • for purposes of calculating capped leave, remuneration means the employee’s annual basic salary.

For this reason formulas for the leave payouts have been amended and are detailed in the policy document of 30 July 08.

LEAVE ENTITLEMENT FOR LEARNERS AND INTERNS

Leave of Absence in the Public Service is extended to Interns and Learners and is detailed in the policy document of 30 July 08.

UNPAID LEAVE

Unpaid leave is regarded as working days as opposed to calendar days and an employee’s annual leave and sick leave are with respect of each 10 working days leave without pay reduced by 1/24th and 1/72nd per annual / sick leave cycle, respectively. The formula for unpaid leave changes and is detailed in the policy document of 30 July 2008.

ANNUAL LEAVE IN THE LAST 30 DAYS OF SERVICE

In terms of section 20(5) of the Basic Conditions of Employment Act (BCEA) an employer may not require or permit an employee to take annual leave during any notice period. However, nothing prevents the employer and the employee from reaching a mutual agreement that she/he utilises her/his annual leave during the notice period. To this end; it is advisable that the employee initiates the process.

Section 20(6) of the BCEA provides that an employee may take unpaid leave on written request during the last 30 days of service irrespective of whether she/he has annual leave to her/his credit. From a financial perspective; it makes more sense if the employee considers taking paid annual leave.

GENERAL

EFFECTIVE DATE

The effective date with the amended provisions as contained in the Determination on Leave of Absence in the Public Service is 1 July 2007. The measure according to which annual leave may be utilized in the last 30 days of service is based on a current date.

PERSOL SYSTEM

The PERSOL system is in the process of being enhanced to accommodate the policy changes.

Further enquiries can be made to Col N.C. Figlan / Mr P. Ramsing (012) 355 6490/5892.