Saturday, April 27, 2013
Legislation on Leave
14 Sick leaves
Sick leave shall be granted in terms of this section to an employee who is prevented from attending hisduties because he is ill or injured or undergoes medical treatment which was not occasioned by his failure to takereasonable precautions.
(2) During any one-year period of service of an employee an employer shall, at the request of the employee
supported by a certificate signed by a registered medical practitioner, grant up to ninety days’ sick leave on fullpay.
(3) If, during any one-year period of service of an employee, the employee has used up the maximum periodof sick leave on full pay, an employer shall, at the request of the employee supported by a certificate signed by aregistered medical practitioner, grant a further period of up to ninety days’ sick leave on half pay where, in theopinion of the registered medical practitioner signing the certificate, it is probable that the employee will be ableto resume duty after such further period of sick leave.
(4) If, during any one-year period of service, the period or aggregate periods of sick leave exceed—
(a) ninety days’ sick leave on full pay; or
(b)One hundred and eighty days’ sick leave on full and half pay;the employer may terminate the employment of the employee concerned.
(5) An employee who so wishes may be granted accrued vacation leave instead of sick leave on half pay or without pay.
14A Vacation leave
(1) “qualifying service”, in relation to vacation leave accrued by an employee, means any period of employmentfollowing the completion of the employee’s first year of employment with an employer.
(2) Unless more favorable conditions have been provided for in any employment contract or in anyenactment, paid vacation leave shall accrue in terms of this section to an employee at the rate of one twelfth of hisqualifying service in each year of employment, subject to a maximum accrual of ninety days’ paid vacation leave:Provided that, if an employee is granted only a portion of the total vacation leave which may have accrued tohim, he may be granted the remaining portion at a later date, together with any further vacation leave which mayhave accrued to him at that date, without forfeiting any such accrued leave.
(3) All Saturdays, Sundays and public holidays falling within a period of vacation leave shall be counted as
[Subsection as amended by section 37 of Act 7 of 2005]
(4) An employee who becomes ill or is injured during a period of vacation leave may cancel his vacationleave and apply for sick leave.
(5) Where an employee has no vacation leave accrued, he may be granted vacation leave without pay.
[Section as inserted by section 11 of Act 17 of 2002]
14B Special leave
Special leave on full pay not exceeding twelve days in a calendar year shall be granted by an employer to anemployee—
(a) Who is required to be absent from duty on the instructions of a medical practitioner because of contactwith an infectious disease;
(b) Who is subpoenaed to attend any court in Zimbabwe as a witness;
(c) Who is required to attend as a delegate or office-bearer at any meeting of a registered trade unionrepresenting employees within the undertaking or industry in which the employee is employed;
(d) Who is detained for questioning by the police;
(e) On the death of a spouse, parent, child or legal dependant;
(f) On any justifiable compassionate ground.
14C Weekly rest and remuneration for work during public holidays
(1) Every employee shall be entitled to not less than twenty-four continuous hours of rest each week, either
on the same day of every week or on a day agreed by the employer and employee.
(2) Subject to subsection (3), an employee shall be granted leave of absence during every public holiday, and shall be paid his current remuneration for that day if it occurs on a day on which he would otherwise have beenrequired to work.
(3) Where an employee consents to work on a public holiday he shall be paid not less than twice his currentremuneration for that day, whether or not that day is one on which he would otherwise have been required towork.[Section as inserted by section 11 of Act 17 of 2002]
15 Death of employer
Except where more favorable conditions have otherwise been provided for in the employment contractconcerned or in terms of any relevant enactment, including any regulations made in terms of this Act, or in anyagreement or determination made or given effect to in terms of any enactment, a contract of employment betweenan employee and an employer who is an individual shall not be terminated on the death of the employer but shallcontinue to have effect until the expiration of the period after which it would have terminated had due notice oftermination been given on the day on which the employer died, and during such period the employee shall beentitled to such wages and other benefits as are provided for in the employment contract from the person legallyrepresenting the deceased employer in his capacity as such.
18 Maternity leave
(1) Unless more favorable conditions have otherwise been provided for in any employment contract or inany enactment, maternity leave shall be granted in terms of this section for a period of ninety-eight days on fullpay to a female employee who has served for at least one year.
(2) A female employee shall be entitled to be granted a maximum of three periods of maternity leave withrespect to her total service to any one employer during which she shall be paid her full salary:Provided that paid maternity leave shall be granted only once during any period of twenty-four monthscalculated from the day any previous maternity leave was granted.
(5) Any maternity leave requested in excess of the limits prescribed in this section may be granted as unpaidmaternity leave.
(6) Unless the employer grants sick leave for medical reasons other than maternity, sick leave may not begranted once paid maternity leave has begun or during a period of unpaid maternity leave.
(7) During the period when a female employee is on maternity leave in accordance with this section, hernormal benefits and entitlements, including her rights to seniority or advancement and the accumulation ofpension rights, shall continue uninterrupted in the manner in which they would have continued had she not goneon such leave, and her period of service shall not be considered as having been interrupted, reduced or broken bythe exercise of her right to maternity leave in terms of this section.
(8) A female employee who is the mother of a suckling child shall, during each working day, be granted ather request at least one hour or two half-hour periods, as she may choose during normal working hours, for thepurpose of nursing her child, and such employee may combine the portion or portions of time to which she is soentitled with any other normal breaks so as to constitute longer periods that she may find necessary or convenientfor the purpose of nursing her child.
(9) Any person who contravenes this section shall be guilty of an unfair labour practice.
(10) Notwithstanding subsections (8) and (9), the grant of breaks during normal working time to a femaleemployee for the purpose of nursing her child shall be made in accordance with all the exigencies of heremployment and nothing done to prevent any disruption of normal production processes or any interference withthe efficient running of an undertaking or industry shall be held to be in contravention of subsection (8).
(11) A female employee shall be entitled to the benefits under subsection (8) for the period during which sheactually nurses her child or six months, whichever is the lesser.
Posted by Tendai Mzingaizo at 3:29 AM