COVID-19 Corona Virus South African Resource Portal 

Does an employee on temporary layoff accrue annual leave?

No, but employers may have to defend this stance.

If the employment contract states that employees accrue 1 day/hour for every 17 days/hours worked, their leave will not accumulate during temporary layoff.

However, if the employment contract states that the employees are entitled to 15 working days per annum, it may be more difficult to argue. The intention of the legislation is that employees accumulate annual leave based on time worked – that is why the calculation is 1 day for every 17 days worked. The BCEA was definitely not written with a situation like Covid-19 in mind. Read more

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