An employee is entitled to paid Annual Leave after having been employed under a *continuous contract if:
contract lengths are of 12 months each time
employed by same employee for 4 weeks or more
at least 18 hours of work per week
Annual leave entitlement increases with years of service of employment:
Employers may select a period of 12 consecutive months as the common leave year for all employees e.g. 1 Jan to 31 Dec. Or any period of 12 months commencing on the day on which individual employment commenced and an anniversary of such day.
Employees employed for under 12 months in the common leave year receive their leave entitlement on a pro rata basis, rounded up to a full day of leave.
Employers may grant employees the pro rata annual leave before the start of the next common leave year or allow it to be brought forward.
Common Leave Year: 1 Jan to 31 Dec 2016
Start of employment: 1 Sep 2016
Pro rata annual leave = 122 / 365 X 7 = 2.34 days (round up to 3 days)
(122 is the number of days between 1 Sep to 31 Dec 2016)
The employee may take the 3 days of leave in 2016 or combine it to become 10 days leave in 2017.
Applying Annual Leave
Employees shall take any entitled paid annual leave within the following period of 12 months. Applying of leave should be confirmed at least 14 days in advance unless a shorter period is agreed upon.
Paid annual leave should be allowed for an unbroken period. For example:
Any rest day or statutory holiday falling within a period of annual leave will be counted as annual leave and another rest day or holiday must be appointed.
Annual Leave Pay
Daily rate of annual leave is the sum of average daily wages earned by an employee in a 12-month period before the specified date. If employment is under 12 months, the calculation shall be based on the shorter period.
An employee may choose to accept payment in lieu of the part of his leave entitlement which exceeds 10 days. Annual leave pay should be paid to the employee not later than the normal pay day after the period of annual leave taken.