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South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)

Regulations

Regulations for the Staff of the Human Rights Commission, 1996

Chapter VI : Leave

13. Vacation leave

 

(1) Vacation leave shall accrue to a member of staff on the last day of each calendar month of service pro rata in accordance with Part 1 of Schedule C.

 

(2)
(a) Only leave with full or half pay, or leave without pay for a period not exceeding 10 working days in any calendar month, shall count as service for the purposes of the accrual of leave.
(b) If the leave without pay exceeds the number of days referred to in paragraph (a)—
(i) no calendar month in which such excess occurs, shall be considered as service for the purposes of subregulation (1); and
(ii) the sick leave with full and half pay applicable to a member of staff under section 14(1) shall be decreased by one thirty-sixth in respect of each calendar month in which the excess occurs and if the available sick leave for the cycle concerned has already been utilized, the sick leave for the next succeeding cycle shall be decreased accordingly.

 

(3) If a member of staff changes from one vacation leave group to another—
(a) he or she shall retain, subject to the provisions of subregulation (1), the vacation leave credit which accrued to him or her during his or her term of service in the previous leave group or groups; and
(b) the vacation leave of the new leave group shall become applicable to him or her on the first day of the calendar month in which such change becomes effective.

 

(4) The chief executive officer may at any time compel a member of staff to take a part of or the full vacation leave accrued to him or her: Provided that the maximum period of leave prescribed in subregulation (5) shall not be exceeded.

 

(5) Except with the approval of the chief executive officer, a total of not more than 140 working days' vacation leave may be granted to a member of staff in any period of 18 months: Provided that vacation leave in terms of regulation 14(4) which has been taken instead of sick leave with half pay or without pay shall not be taken into consideration for the purposes of this subregulation.

 

(6) If sound reasons exist, the chief executive officer may, at his or her discretion, grant a member of staff who has no vacation leave with pay to his or her credit, vacation leave without pay.