| 1. |
The National Minister of Education has determined new leave measures for
educators that came into effect on 01 January 2002. 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 |
|
must appear as a witness: |
| 4.1.1 |
|
in misconduct proceedings or in a misconduct investigation in terms of any law; |
| 4.1.2 |
|
at inquest proceedings; |
| 4.1.3 |
|
before a commission or committee appointed by the State or before any committee or institution established by or in terms of any Act; |
| 4.2 |
|
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 |
|
Is taken into custody or must appear in any court on a criminal charge and the offence he or she is charged with is withdrawn or he or she is acquitted of such offence; or |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 AND MEASURES IN RESPECT OF OFFICE-BASED EDUCATORS ARE AS FOLLOWS |
| 5.1 |
|
The main purpose of annual leave is to provide periods of rest to an office-based educator but subject to the leave measures contained in Resolution 7/2001, may also be used to extend periods of other categories of leave as provided in those measures. |
| 5.2 |
|
An application for annual leave may not be unreasonably refused, taking into consideration service delivery requirements. |
| 5.3 |
|
The full year leave entitlement of an office-based educator is: |
| 5.3.1 |
|
22 working days in respect of an educator with less than 10 years service; |
| 5.3.2 |
|
26 working days in respect of an educator with 10 or more years of service;
and |
| 5.3.3 |
|
28 working days in respect of an educator appointed prior to 1 July 1966.
|
| 5.4 |
|
An educator who is appointed after the commencement of an annual leave cycle or whose service is terminated during a leave cycle shall, in respect of such cycle, be entitled to annual leave calculated as one twelfth of the full year entitlement for each completed month of service. |
| 5.5 |
|
Temporary educators appointed for a fixed period shall be granted annual leave that is proportional to their term of employment at a rate of one-twelfth of their full year entitlement per month of service. |
| 5.6 |
|
Educators appointed in a part-time or shared capacity shall be granted annual leave that is proportional to their appointment. |
| 5.7 |
|
For each 15 consecutive days’ leave taken without pay, the educator’s annual leave entitlement is reduced by one-twelfth. |
| 5.8 |
|
For the purpose of granting annual leave, working days mean Monday to Friday, excluding public holidays. |
| 5.9 |
|
At least 10 working days must be taken as leave days during the annual leave cycle. |
| 5.10 |
|
All leave not taken during a leave cycle must be taken no later than 6 months, after the expiry of the relevant leave cycle, whereafter, unused leave credits shall be forfeited. |
| 5.11 |
|
The Western Cape Education Department (WCED) will inform office-based educators at the end of each annual leave cycle of the number of leave days that they have to their credit. |
| 5.12 |
|
Resolution 7/2001 determines at paragraph 4.1 that: if due to the employer’s service delivery requirements an office-based educator’s application for leave is denied by the employer and not rescheduled, such leave must, upon request, be paid out to the educator at the end of the 6 months’ period, referred to in sub-paragraph 5.10 above. |
| 5.13 |
|
Hence all line managers / supervisors are hereby instructed to approve the vacation leave applications of all office-based educators with due regard to the operational requirements of the office/division. All leave credits must be utilised within the current leave cycle. Any request for payment in lieu of leave not taken must be sanctioned by the relevant Chief Director under which the educator resorts and must be submitted three (3) months prior to the expiration of the current leave cycle.
To give effect to this instruction, the compilation and implementation of a leave roster is of paramount importance for the proper management of leave. |
| 6. |
ANNUAL LEAVE ACCRUED PRIOR TO 1 JULY 2000 |
| 6.1 |
|
Educators shall retain all audited leave credits accrued prior to 1 July 2000. |
| 6.2 |
|
Pay-outs in respect of such leave credits, shall be made in the event of:
|
| 6.2.2 |
|
Retirement, including early retirement |
| 6.3 |
|
The Head of Education 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. |
| 6.4 |
|
The Head of Education shall determine procedures and measures in keeping with service delivery needs, on how educators will be allowed to utilise their leave credits accrued prior to the applicable dates referred to in paragraph 6.1 above over and above the normal vacation entitlements. |
| 7. |
NOMINATION OF BENEFICIARIES AND LEAVE PAYOUTS |
| 7.1 |
|
An educator may, if he or she so desires, designate one or more beneficiaries to
whom their leave credits may be paid in the event of their death. The relevant form (WP1002) must be completed in this regard. |
| 7.2 |
|
If an educator dies and has not nominated a beneficiary, the leave credits may
be paid: |
| 7.2.1 |
|
In full to the spouse / life partner of that educator; or |
| 7.2.2 |
|
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 |
| 7.2.3 |
|
If there are no children, to the educator’s estate. |
| 8. |
ANNUAL LEAVE WITH FULL PAY GRANTED IN EXCESS |
| 8.1 |
|
An educator may not be granted annual leave with full pay in excess of that which the educator has to his or her credit, including leave credit in terms of paragraph 6.1 above. |
| 8.2 |
|
If due to a bona fide error, an educator has been granted annual leave with full pay in excess of that which stood to her or his credit at that time, such excess granted must be deducted from the subsequent leave cycle. |
| 8.3 |
|
If an educator who has been granted excess annual leave with full pay exits the service of the State, such leave be granted in excess of what stood to the educators credit on such last day of duty must be regarded as an overpayment that must be recovered from her or him. |
| 9.1 |
|
Please bring the contents of this circular to the attention of all educators including
those on leave, and have them sign and date it. |
| 9.2 |
|
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
|