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.
