November / December 2011

Focus AreasOld practices and the new Leave policy –

what does it mean for: - Line Managers / SupervisorsStaff

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 oneAnnual leave

Split between statutory and contractual leaveForfeiture of contractual leave if not takenLeave paid out on termination – has increased

from a maximum of 26 days to a maximum of 30 days

Long LeaveSick leave

ApplicabilityAll permanent support staff positionsLong-term contract positions that are funded

by Rhodes UniversitySupport 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 PrinciplesEthical and legal approach TransparentShared responsibility / partnership – i.e.

staff, management and HR Fair and equitable treatment of staffAccountability by staffRecognition of diversityTiming 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 applicationProvide Support and guidance to staff and managersAdhere to relevant legislationProvision of accurate leave informationWhere necessary, champion staff rights within this

processRaise concerns with management and staff in

respect of leave

Specific ResponsibilitiesManager/Supervisor

Ensure that they are their staff have a basic understanding of the institution’s various leave policies

Ensure consistent and fair treatmentEnsure 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 timeouslyTo work within the framework of the disciplinary code

if their staff violate the leave policies of the institution

Specific ResponsibilitiesStaff

Ensure that you have a basic understanding of the leave policies of the institution

Apply for leave timeouslyRaise 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 LeaveLeave applications – generally not less than one

working weekLeave applied for must be approved in writing by

your line manager and confirmed by HRConcerns 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) continuedAnnual 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) continuedShut down leave

Will generally be between 8 to 9 working daysThe last day of work before shut-down is a full working

dayThere 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 LeaveExcludes the following staff

Those employed after 01 July 2009Catering and housekeeping staff on grades 6 to 9

even if employed before 01 July 2009Staff on grades 1 to 5 even if employed before 01

July 2009Any 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 LeaveAccumulates annually and has a January to December cycleLong 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 earnedStaff 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 LeaveGranted to staff who are unable to report to

work because of illness or injuryIf 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 LeaveWhen 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 LeaveWhen 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 LeaveIs used when sick leave is exhausted Is granted at the discretion of HR in

consultation with the line managerIs granted taking into account the

following: - Length and nature of servicePatterns of sick leaveThose found guilty of abuse of sick leave will not

be considered for special sick leaveThe availability of other leaveThe reasons for the request for special sick leave

Parental LeaveThere is a separate policy for this that covers

both the benefits and leave allotments for staff

CoversMaternity LeavePaternity LeaveAnd the conditions applicable to both

Additional Leave6 days over a 3 year cycleIs 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 nextIs not paid out upon termination of employmentMay be used for: -

The celebration of religious/recognised Holy days that are not already declared public holidays

Representing South Africa at national/provincial levelSupplementing family responsibility leave

Family Responsibility LeaveFamily 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 LeaveOne 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 requiredDoes not accumulate from one year to the nextStaff 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 LeaveEveryone’s sick leave cycle will move from 36 days

to 30 days6 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.