| 1. |
The National Minister of Education has determined new leave measures for educators that came into effect on 01 January 2002. These new leave measures introduced a new dispensation, especially in respect of institution-based educators. In order to ensure proper management of educators’ leave, the following arrangements will apply for annual leave. |
| 2. |
An educator retains all his or her leave credit when he or she is transferred within a department or between State departments without a break in service as well as all leave accrued before 31 December 2001. |
| 3. |
A leave cycle refers to a period of 12 months commencing on 1 January of each year. |
| 4. |
An educator is not considered to be on leave if she or he: |
| 4.1 |
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must appear as a witness- |
| 4.1.1 |
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in misconduct proceedings or in a misconduct investigation in terms of any law; |
| 4.2.2 |
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at inquest proceedings; |
| 4.2.3 |
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before a commission or committee appointed by the State or before any committee or institution established in terms of any Act; |
| 4.2 |
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appears as defendant or co-defendant in civil proceedings arising from his or her official duties and in which the State or any statutory body or institution has a direct interest; |
| 4.3 |
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is taken into custody or must appear in any court on a criminal charge and the offence he or she is charged with is withdrawn or he or she is acquitted of such offence; or |
| 4.4 |
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attends or participates in a training programme required by the employer or the professional body with whom she or he is required to register in order to remain registered or with the approval of the employer attends or participates in a training programme or other activity that is in the employer’s interest. |
| 5. |
THE ANNUAL LEAVE ENTITLEMENT OF INSTITUTION-BASED EDUCATORS IS AS FOLLOWS: |
| 5.1 |
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An institution-based educator will be regarded as being on annual leave during institution closure periods that are outside of scheduled working time, provided that the measures regarding the work, duties and responsibilities of educators may require such an educator to perform some of his or her normal duties, such as preparation for the new school term or the marking of internal examination scripts, during such periods. However, such an educator will not be required to report at any work place to perform any of these duties. |
| 5.2 |
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Should an institution-based educator be officially appointed to perform overtime duties during the above-mentioned institution closure periods, he or she will be remunerated additionally in terms of the measures in Chapter D or E of the PAM. The categories of work for which overtime remuneration is provided are supervisory duties at hostels, tuition (for example Winter Schools), public examination-related work and educational supervisory duties performed at special schools dealing with learners admitted in terms of the Child Care Act. An appointment of an educator for any of these categories of overtime must be in writing and approved by the Western Cape Education Department (WCED). However an educator performing voluntary duties, will not qualify for additional remuneration. |
| 6. |
ANNUAL LEAVE ACCRUED PRIOR TO 1 JULY 2000 AND DURING THE PERIOD 1 JULY 2000 TO 31 DECEMBER 2001. |
| 6.1 |
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Educators shall retain all audited leave accrued prior to 1 July 2000. |
| 6.2 |
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An institution-based educator accrued 5 (for the period 1 July 2000 to 31 December 2000) and 10 (for the period 1 January 2001 to 31 December 2001) working days leave respectively or a pro-rata number calculated as at one-twelfth of the full year entitlement (10 working days) for each completed year of service. |
| 6.3 |
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Any of these leave days that were not utilised by such an educator since 1 July 2000 shall be added to the number of leave days accrued prior to 1 July 2000. |
| 6.4 |
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The pay-outs in respect of such leave credits, shall be made in the event of: |
| 6.4.2 |
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Retirement, including early retirement; or |
| 7. |
The Head of Department shall determine whether there are periods, which are unaudited, and in such instances, the educator’s leave payout shall be paid on the basis of 6 days per completed year of service up to a maximum of 100 days in respect of the unaudited leave period. |
| 8. |
NOMINATION OF BENEFICIARIES AND LEAVE PAYOUTS |
| 8.1 |
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An educator may designate one or more beneficiaries to whom their leave credits may be paid out In the event of death. Form WP1002 must be used for this purpose. |
| 8.2 |
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If an educator dies and has not nominated a beneficiary, the leave credits may be paid: |
| 8.2.1 |
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In full to the spouse/life partner of that educator; or |
| 8.2.2 |
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If there is no spouse/life partner, in equal shares for the benefit of minor and other children (including legally adopted children) of the deceased who, at the time of his or her death, were fully dependent on the educator; or |
| 8.2.3 |
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If there are no children, to the educator’s estate. |
| 9.1 |
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Please bring the contents of this circular to the attention of all educators in your including those on leave, and have them sign and date it. Principals must ensure that a copy of this circular is given to the chairperson of the School Governing Body for information. |
| 9.2 |
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You are kindly requested to place a copy of this circular together with copies of the other circulars on leave in a separate file / cover for future use / reference purposes. |
SIGNED: J.H. HURTER
HEAD: EDUCATION
DATE: 2003:03:06
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