The Basic Conditions of Employment Act (BCEA) regulates annual
leave in South Africa. The BCEA provisions for annual leave do not
apply to employees who work fewer than 24 hours per month for an
employer. Additionally, these provisions do not cover any leave
granted beyond the BCEA's stipulated entitlements.
The BCEA's annual leave provision accrues at 1.25 days per
month for a five-day work week and 1.5 days per month for a six-day
work week. A common question is how much of an employee's
accrued leave should be paid if they are dismissed or resign. This
issue was clarified in the recent judgment of Hartley v
SMD Trading Group CC (D138/21) [2024] ZALCD 16 (26 June
2024).
The applicant claimed he was owed 73 days of leave pay upon
termination of his employment. In contrast, the respondent argued
that he was only entitled to 15 days of leave pay, which was
subsequently paid out. Section 20(1) of the BCEA defines an
"annual leave cycle" as 12 months of employment
