1. On 15 May 2002 the Western Cape Provincial Administration and employee parties to the Provincial Bargaining Council: Western Cape agreed to the policy on special leave within the Western Cape Provincial Administration. This policy is contained in the Provincial Bargaining Council: Western Cape Collective Agreement P7/2002 and is effective from 1 June 2002.
2. The Western Cape Education Department (WCED) falls within the scope of the Provincial Bargaining Council: Western Cape and therefore the policy is applicable to the following employees of the department, appointed in terms of the Public Service Act, 1994 (as amended):

  • Permanent employees (with a continuous employment contract either in a full-time or part-time capacity)

  • Temporary employees (with a fixed term contract) excluding casual employees
3. PRINCIPLES FOR GRANTING SPECIAL LEAVE
3.1 Special leave is a fixed entitlement and does not accumulate if not utilised..
3.2 Special leave is not a right and is considered with due regard to operational requirements.
3.3 Special leave cannot be discounted for cash.
3.4 Application for special leave shall be made through an employee's direct supervisor on the prescribed application for leave form.
3.5 The prescribed application for leave form must be submitted to the head of the office at least one month before the leave takes effect and must be accompanied by documents in support of the application. Except in the case of unavoidable circumstances, an employee shall not leave or stay away from his or her work unless he or she has applied in writing for leave and has been informed in writing that his or her application has been approved. Failure to adhere to this requirement can result in the implementation of leave without salary for the period in question.
3.6 The department may with good cause and at any time withdraw special leave already granted.
3.7 In the event of a dispute as to the validity of a claimed absence, the dispute will be referred to the Director: Personnel Management (Public Service) at Head Office.
3.8 Special leave will be applicable in circumstances not covered by any agreed leave category.
3.9 An employee may elect, with the consent of his or her supervisor, to take leave without pay or annual leave for the given circumstances, or to extend special leave as leave without pay if required or if dictated by circumstances. Application for leave without pay must be indicated as such. Full reasons for the special leave application must be given and motivated.
4. CATEGORIES OF SPECIAL LEAVE
4.1 TREATMENT OF SUBSTANCE ABUSE
4.2 MILITARY PURPOSES
4.3 SPORT PURPOSES
4.4 RELOCATION
4.5 STUDY PURPOSES
4.6 EXAMINATION PURPOSES
4.7 SABBATICAL(S)
4.8 MISCELLANEOUS
4.1 TREATMENT OF SUBSTANCE ABUSE
4.1.1 An employee may be granted special leave with full pay for treatment of substance abuse (alcohol or drug related) up to a maximum of 42 calendar days once only, subject to the verification of the relevant medical practitioner of a recognised institution offering rehabilitation services.
4.1.2 If a period of longer than 42 calendar days is required, a relevant medical practitioner must certify such absence. A formal rehabilitation programme must accompany the application and the absence may not exceed 90 calendar days.
4.1.3 On completion of treatment, a medical certificate and a complete report by the relevant medical practitioner or institution must be submitted to the department. The report must give an indication of the employee’s co-operation and progress during the treatment as well as the prognosis of the case.
4.1.4 In the event of failure to rehabilitate or relapse, the prescribed processes in terms of Resolution 12 of 1999 (Incapacity code and procedures in respect of ill health) must be followed.
4.2 MILITARY PURPOSES
4.2.1 Special leave for military purposes shall be granted to an employee if such an employee is required, in terms of the Defence Act, 1957, or any regulation published there under, or in terms of the Police Act, 1995, or any regulation published there under, to undergo training or to do service.
4.2.2 Special leave for military training will include, at the discretion of the Head of Education, any period actually and necessarily required for travelling.
4.2.3 In order to qualify for said leave, official documentary proof must be submitted.
4.3 SPORT PURPOSES

Special leave may be granted when an employee is selected by a recognised amateur sports association to
4.3.1 take part as a member of an organised sports group, representing the Republic of South Africa at an international sporting event outside the Republic of South Africa whether as a competitor, coach, manager or technical advisor.
4.3.2 represent South Africa as a competitor, coach, manager or technical advisor at a national or international sporting event within the Republic of South Africa.
4.3.3 take part as a competitor, coach, manager or technical advisor at inter-provincial level and national level against an international team.
4.3.4 Accompany a foreign national team visiting the Republic of South Africa as a representative of the South African sports association organising the tour.
4.3.5 Serve as a referee, an official or a judge at an organised amateur sport event at provincial, national or international level inside or outside the boundaries of the Republic.
4.4 RELOCATION
4.4.1 Special leave may be granted to an employee to supervise the packing or loading and off-loading or unpacking of his or her personal effects upon resettlement as the result of an official transfer at state expense.
4.4.2 A maximum of two working days’ special leave may be granted for this purpose and this will cover absence at the old and/or the new headquarters.
4.5 STUDY PURPOSE
4.5.1 Special leave for study purposes upon application by employees

  • The WCED supports efforts by employees to gain further education through formal studies (courses or subjects) to improve their skills and/or further their professional capabilities. For this purpose special leave for study purposes may be granted with due regard to the following principles:

    • Employees must manage their leave to comply with the requirements of PSCBC Resolution 7/2000, viz. that a period of 10 working days’ leave per annual leave cycle is regarded as a compulsory rest period. These days can therefore not be utilised for special leave purposes.

    • An employee must inform the Head of Education in writing and provide the relevant documentary proof of the proposed studies when the academic year commences.

    • The granting of study leave is subject to the studies being similar to the WCED's core functions or forming part of the employee's career pathing.

    • Sufficient evidence must be submitted that the studies and/or preparatory work are in the interest of the WCED and will enhance the competency and professional capability of the employee in his/her field of work.

    • Each case will be considered on its own merits and on the basis of an application outlining the nature and scope of the study.

    • Study leave must not detract from the performance of official duties. It will be granted subject to operational requirements, the WCED's reasonable requirements in respect of the employee's working time and the levels of productivity and performance.

    • Study leave to attend lectures, practical classes or tutorials in any subject during normal working hours, will only be granted if the lectures, practical classes or tutorials in that subject are not offered outside normal working hours.


  • Provisions regarding categories of special leave that may be granted for study purposes upon application by employees

    • Study leave to attend classes or lectures during office hours

      • The leave will be calculated at one day's annual leave with full pay, or one day's annual leave without pay if the employee does not have leave to his or her credit, for every 16 hours’ time-off or absence from the normal place of work.

      • Time-off will commence from the time a person leaves his or her office or working place and will include travelling time.

      • The aforementioned provisions also apply to postgraduate studies where there are block modules.

    • Full-time study leave

      • Special leave with full pay, on the basis of one day's special leave for every day's vacation leave with full pay, may be granted to an employee in connection with his or her studies on a full-time basis (known as the 50/50 basis).

      • Where applicable, employees may make use of their capped leave credits for this purpose.

    • Study leave for preparation purposes (50/50 basis)

      • The purpose of this leave is to provide employees with adequate opportunity to prepare for examinations in their fields of study.

      • With due regard to the principles, special leave with full pay may be granted on the basis of one day's special leave for every day's vacation leave with full pay taken by the employee in connection with his or her studies.

      • This type of study leave may be granted where an employee is engaged in

        • full-time study at a recognised educational institution within the Republic or abroad.

        • a study tour abroad.

        • extramural (part-time) and/or correspondence studies requiring leave to prepare or do research necessary for examination purposes or tests that contribute towards year-end results.

        • research work and/or the writing of an essay or a thesis for a post-graduate qualification.

        • study in a direction which requires the performance of practical work or practice teaching for a specific period annually.

        • attendance of a preparatory course with a view to sitting for a qualifying examination in order to obtain admission to a particular field of study.

        • practical work required as a prerequisite for registration in a particular profession.

    • Overseas study with retention of salary

      • The WCED may consider individual requests for special leave for overseas studies at tertiary institutions with retention of salary.

      • Such requests will only be considered if the applicant submits documentary proof that the study cannot be undertaken at a tertiary institution in the RSA.

      • Should circumstances justify it, the WCED is prepared to consider granting bursaries to employees studying overseas in order to assist them with the higher costs of study, subsistence costs and travelling expenses. In these cases the employee will be responsible for all his or her expenses.

  • Review of progress

    • Every employee who is granted study leave with full pay, must furnish evidence of study progress as soon as possible after the completion of each academic year or after completion of the course or subject, whichever is the earlier.

    • The Head of Education may at any time require any employee to submit evidence of satisfactory attendance at and/or progress in the course or subject.

    • In the event of a failure by an employee to complete a subject for which study leave with pay has been granted successfully, no further study leave with pay will be granted to that employee to repeat the subject.

    • In a case where failure to complete a subject successfully is due to the operational requirements of the department being in conflict with the employee's study programme, or the result of exceptional circumstances beyond the employee’s control, further study leave with pay may, upon application by the employee, be considered for the purpose of the successful completion of the subject.

    • The Head of Education may at any time withdraw an approval for study leave with pay if

      • the reasonable operational requirements of the department will not be met if the employee is absent from duty during normal working hours; or

      • the employee has, without reasonable excuse, failed to attend the lectures, practical classes or tutorials for which study leave with full pay was granted.
4.5.2 Special leave for study initiated by WCED (Study by assignment)

  • Purpose

    • The WCED may identify a need for study, training or research that is crucial for the effective execution of its core functions, but for which provision is not made in the standard bursary scheme. The "study by assignment" alternative provides for studies, training or research of this nature.

  • Conditions for study by assignment

    • Studies can only be undertaken on the instruction of the Head of Education and with the approval of the Minister of Education.

    • Expenses for this purpose may be defrayed from funds budgeted for by the WCED.

    • Only serving employees may be assigned.

    • The department must be convinced that, as a result of developments in a given field, the acquisition of additional knowledge and skills in a specific subject has become imperative for the effective and efficient execution of duties.

    • The study or research must be undertaken to obtain a specific qualification.

    • If the objective of the study or research is to find the solution to a specific problem, a higher qualification does not have to be obtained on completion of the study or research.

    • The training or research should be vital to the WCED.

    • The direction of the study or research should be clearly identified well in advance, e.g. a prescript of major and subsidiary subjects for courses or a framework for a specific research project.

    • Guided by expressed training, educational or developmental needs, the department must nominate a specific employee to undertake the study or research with full retention of salary.

    • The knowledge and skills required must be such that they cannot be obtained in any other way.

    • The study or research should be undertaken in the most cost-effective way, e.g. international study or research must be considered only if the relevant institutions in South Africa cannot satisfy the identified needs. Similarly, full-time study should not be considered if part-time study or after hours study facilities are available.

    • Theses, dissertations, papers and other assignments that originate from such studies should be typed, reproduced, printed and bound by making use of departmental facilities.

    • The minimum periods within which studies have to be completed should be set in advance and the extension of periods should be dealt with as follows:

      • Local study: A request for the extension of such period can be referred to the Head of Education for a discretionary decision.

      • International study: The Head of Education may extend the agreed period by one year only, after which it may be referred, with motivations, to the Minister of Education for further extension.

  • Nature of study by assignment

    • Part-time study or study after hours

      • Only class fees, registration fees and other requisites such as expenses for transport, prescribed or recommended books and assignments may be defrayed from public funds.

      • Accommodation is excluded where studies are undertaken locally.

    • Full-time study

      • Where full-time local study is necessary, all essential expenses such as registration, tuition and travelling may be defrayed from public funds, subject to existing requirements and prescripts.

      • For international study, all study costs have to be covered by the WCED, e.g. expenses for registration, tuition, books, equipment, travelling and accommodation.

  • Criteria for study by assignment

    • The following criteria should be considered to determine the suitability of a candidate:

    • Proven competence in his or her field of work

    • Potential to apply the acquired knowledge and skills
4.6 EXAMINATION PURPOSES
4.6.1 Special leave for examination purposes to obtain a tertiary, scholastic or trade qualification must be granted to an employee on the working day on which he or she sits for examinations at a recognised educational institution.
4.6.2 One additional working day's special leave per paper may be granted immediately prior to the examination to enable the employee to do final preparatory work.
4.6.3 Where a rest day(s) or Public Holiday precedes the examination day, the additional working day immediately prior to the former day(s) may be taken as special leave.
4.6.4 An employee must inform the Head of Education in writing and provide the relevant documentary proof of the proposed studies when the academic year commences.
4.6.5 Such leave application must be submitted at least 15 days before the leave referred to commences and must be accompanied by the relevant examination timetable.
4.7 SABBATICAL LEAVE
4.7.1 The primary purpose of sabbatical leave is to enable employees to take leave of absence with full pay in order to undertake intensive study or research which will have as its outcomes, increased competence in the employee's field of expertise and an increase in the quality of the individual's future contribution to the WCED. The study or research does not necessarily have to lead to the attainment of a higher qualification.
4.7.2 It may be granted to an employee who

  • has been appointed in a full-time capacity and whose core function is the training of students who wish to obtain a recognised qualification.

  • has demonstrated by publication, teaching, exhibition or performance an above average ability in scholarship, research or other creative accomplishments.
4.7.3 Conditions for the granting of sabbatical leave

  • Sabbatical leave is not a right.

  • Sabbatical leave must be to the advantage of both the WCED and its clients (the community of the Western Cape).

  • Sabbatical leave may not be discounted for cash.

  • The total period of absence (that is sabbatical leave plus any other leave for this purpose) may under no circumstances exceed an uninterrupted period of 12 calendar months.

  • The granting of leave must be done with due consideration to the needs of the WCED.

  • Prior written approval for the employee's study or research programme must be obtained from the Head of Education before proceeding on sabbatical leave. Upon completion thereof a report must be submitted to the department within three calendar months of the employee's return to duty.

  • Three or six calendar months’ sabbatical leave respectively may be granted after every three or six years’ continuous full-time service for which the person was appointed with the aim of providing training. Such leave may not accumulate to more than twelve months.

  • Previous continuous full-time service at a statutory body during which a person was appointed to provide training can be taken into account for the purposes of the calculation of sabbatical leave upon transfer to the Public Service.

  • Sabbatical leave already utilised in such previous service periods must be deducted from the leave credit indicated above.

  • The granting of sabbatical leave may not coincide with the payment of study fees and travel and subsistence costs from state funds.

  • Sabbatical leave may be granted in an employee’s last month of service at the discretion of the Head of Education, provided that such leave is in the interest of the WCED.

  • The granting of sabbatical leave is subject to the arrangement of acting appointments acceptable to the Head of Education. (In cases where the Head of Education is involved, such arrangements are to be acceptable to the Minister of Education.)

  • Acting appointments will have to be managed in such a manner so as not to disrupt service delivery. (Circular 103/2002 of 20 August 2002).

  • The granting of sabbatical leave is not subject to contractual binding.

  • In the event of abuse of sabbatical leave, the disciplinary measures as contained in the Public Service Act, 1994, (as amended) must be applied.
4.8 MISCELLANEOUS LEAVE

Special leave with full pay may be granted to an employee
4.8.1 who is arrested or has to appear before a court of law on a criminal charge and is subsequently acquitted or the charge is withdrawn.
4.8.2 who is a member of the St John’s Ambulance, the South African Red Cross Society, the "SA Noodhulp Liga" or other relevant recognised associations and is selected to undergo a training course presented by one of the aforementioned institutions and not presented outside normal working hours or over weekends.
4.8.3 who is disabled and must attend a recognised programme where support is given to cope better with the disability.
4.8.4 if a natural disaster struck the area in which the employee works or resides and the Head of Education is satisfied that it is impossible for the person concerned to continue with his or her official duties at that time.
4.8.5 who works or resides in an area in which a civil war is raging and is prevented from continuing with his or her official duties at that time.
4.8.6 in exceptional circumstances not provided for in this policy, subject to the approval of the Head of Education.
5. ABSENCE REGARDED AS BEING ON OFFICIAL DUTY

An employee is regarded as being on official duty when he or she
5.1 must appear as a witness for the state
5.1.1 in a court case.
5.1.2 in a misconduct case in terms of the law.
5.1.3 before a commission or committee of inquiry appointed by the state.
5.1.4 at an inquest.
5.1.5 at an inquiry (instituted by a recognised government body).
5.2 is a defendant or co-defendant in a civil court case arising from his or her official duties and in which the state has a direct interest.
5.3 is appointed by the Department of Home Affairs to assist with elections.
5.4 assists or represents an officer or employee during a disciplinary or misconduct inquiry or during an investigation into a complaint or grievance.
5.5 is the person charged with misconduct during a disciplinary or misconduct enquiry.
5.6 attends short courses, congresses, symposia, seminars, conferences, lectures, etc. and study tours abroad. (The purpose of attending the above-mentioned courses should be as a means of keeping employees informed of the latest developments in their respective work areas, i.e. the attendance of such courses should serve as an important training mechanism.) Absence from duty with full pay for this purpose may, however, only be granted on the following conditions:
5.6.1 the department must have a direct interest in the subject matter of the above-mentioned activities.
5.6.2 only the minimum number of the most suitable employees must be selected to attend the above-mentioned activities.
5.6.3 the department must have the necessary funds available.
5.6.4 the operational requirements of the department must be fully considered before such leave is granted.
6. Please bring the contents of this circular to the attention of all Public Service staff under your control.


SIGNED: G.J. ELLIOTT
HEAD: EDUCATION
DATE: 2003:07:18