Leave Policy. Document Reference Applicable Date Owner/Author Version. Leave Policy March 2013 Human Resources, Version 1.0. Diebold South Africa

Transcription

1 Diebold South Africa Leave Policy Document Reference Applicable Date Owner/Author Version Leave Policy March 2013 Human Resources, Diebold South Africa Version 1.0 Diebold South Africa Leave Policy P a g e 1

2 LEAVE POLICY 1 POLICY STATEMENT It is Diebold South Africa s policy to provide various types of leave under various conditions as follows: Annual Leave Sick Leave Special Sick Leave Maternity Leave Family Responsibility Leave Religious Leave Study Leave Public Holidays 2 ANNUAL LEAVE 2.1 The annual leave policy aims to: Provide each employee with an appropriate leave entitlement, Actively encourage leave entitlement to be taken in the year it falls due, Ensure that each employee is away from his/her duties for an appropriate length of time with sufficient regularity, Ensure exits, joiners and part-time employees are treated fairly, and Ensure that similar standards are applied to contract employees. 2.2 It is Diebold South Africa s policy that all employees are aware of their annual leave entitlement for three main reasons: Individual well-being; working without an appropriate period of continuous rest can be detrimental to health and personal life, as well as leading ultimately to a deterioration in work performance and higher levels of stress. Diebold South Africa wishes employees to take leave and recharge their batteries ; Diebold South Africa Leave Policy P a g e 2

3 2.2.2 Risk management; failure by employees to take a significant continuous period of leave presents various operational risks. Periods of absence can assist in identifying any irregularities in the way the normal job-holder is performing the role; Development; deputisation during the absence of the normal job-holder offers other employees opportunities to develop their skills and helps ensure that Diebold South Africa is not over-reliant on one employee. 3 POLICY PRINCIPLES 3.1 The annual leave cycle means a period of 12 months from the 1st January to the 31st December in a calendar year. For exiting and new employees during the year leave will be apportioned on a pro-rata basis. 3.2 The annual leave entitlement equals 20 working days (excluding public holidays) 3.3 Employees should normally take their full annual leave entitlement during the relevant year. When leave is carried forward the following will apply A maximum of 5 days annual may be carried forward The leave carried forward must be taken in first quarter of the subsequent leave year. 3.4 Duration of Leave During each leave year employees are expected to take a significant continuous period of leave. In most cases, this will be ten consecutive working days (exclusive of public holidays), or 50% of the annual leave entitlement, whichever is the lesser Employees should avoid going longer than 18 months between periods of significant continuous leave. For example, if such leave is taken at the start of one year, it should be taken again by the middle of the following year Periods of leave in excess of three working weeks should be approved in advance by a senior Manager. 3.5 Annual Leave taken with other Leave An employee may not take annual leave during Any period of notice of termination of employment. 3.6 Leave taken over public holidays Diebold South Africa Leave Policy P a g e 3

4 3.6.1 Diebold South Africa will grant an employee an additional day of paid leave, if a public holiday falls on a day during an employee s annual leave on which the employee would ordinarily have worked. 3.7 Leave Calculation for Exiting Employees and New Joiners Annual leave is earned from 1 January for each calendar year. The total annual leave entitlement is fully earned on completion of that calendar year Exiting employees in the course of that year will have earned their leave on a prorate basis as at the date of departure. Where an exiting employee has leave carried forward from an earlier leave year, this has already been fully earned and should not be pro-rated Newly recruited employees will be entitled to take leave on a pro-rata basis in the year of appointment after confirmation of service as agreed with the line manager Contract employees will receive leave entitlement on a pro-rata basis, subject to statutory requirements. 3.8 Leave for Contract Employees Where contract employees are working for Diebold South Africa on a long-term basis (usually defined as three months or more) the relevant line manager is responsible for ensuring that they will be away from the job for a significant period to meet Diebold South Africa s concerns for individual well-being, risk management and development. 3.9 Policy Responsibility Managers are responsible for ensuring that employees within their area of responsibility comply with the requirements of this annual leave policy Any queries regarding interpretation of this policy should be referred to the Human Resources Department Requests for general exemptions from the provisions of this policy should be addressed to the Line Manager. 4 SICK LEAVE 4.1 This policy applies to all employees in Diebold South Africa. 4.2 Employees are entitled to 30 days sick leave in each consecutive 3 year period (sick leave cycle), Diebold South Africa Leave Policy P a g e 4

5 4.3 The sick leave cycle is the period of 36 months employment with Diebold South Africa immediately following An employee s commencement of employment with Diebold South Africa; or The completion of that employee s prior sick leave cycle. 4.4 Proof of Incapacity: Diebold South Africa will not pay an employee if the employee has been absent from work for more than two consecutive days or on more than two occasions during an eight week period and does not produce a medical certificate stating that the employee was unable to work for the duration of the employee s absence on account of sickness or injury The medical certificate must be issued and signed by a medical practitioner or person who is certified to diagnose and treat patients and who is registered with a relevant medical professional council. 4.5 Responsibility Any employee who is absent from work due to sickness should inform their immediate line manager by 09:00. Unless the person is unable to speak due to incapacity or an accident, the employee should call the line manager / direct supervisor. Sending a message via text sms or Whatsapp should be the very last resort Diebold South Africa reserves the right to treat sick leave taken without approval as unpaid leave and to further institute appropriate disciplinary proceedings against the employee which could result in termination of service despite having sick leave to their credit Line Managers must report cases of frequent and extended sickness to HR immediately All employees should inform their families (i.e. spouse, partner or next of kin) of the Diebold South Africa policy in the event of the employee being unable to communicate their circumstances to Diebold South Africa, their families may do so on their behalf. 4.6 Sick Leave Entitlement Diebold South Africa Leave Policy P a g e 5

6 4.6.1 During every sick leave cycle, an employee is entitled to paid sick leave equal to the number of days the employee would normally work during six weeks. For employees working Mondays to Fridays this would equate to 30 days every 3 years During the first six months of continuous employment, an employee is entitled to one day s paid sick leave for every 26 days worked Any sick leave which is not used during the cycle do not carry over to the next cycle. a. Where the full sick leave entitlement has been utilised in the cycle, annual leave will be deducted in lieu of sick leave, further sick leave will be treated as unpaid leave, and will still be subject to the requirements below. b. Employees who are absent are required on the first morning of sick leave to notify their manager or HR department, and thereafter advise of circumstances and further absence by 9am on the day of absence. c. Employees absent from work due to illness for more than 2 days, or have been absent from work on more than two occasions during an eight-week period, or have been absent before or after a weekend or public holiday, are required to submit a registered medical certificate. d. Where a medical certificate is required, the certificate must contain the following information before it will be accepted: i. Name, address, qualifications of medical practitioner ii. Practice number iii. Name of employee iv. Date and time of examination v. Whether the certificate was issued after the medical practitioner has personally examined the patient, or is it based merely on what the patient told the practitioner vi. It must state the employee was too sick or injured to work for the entire period of absence vii. The exact period of recommended sick leave viii. The date the certificate was issued. Diebold South Africa Leave Policy P a g e 6

7 e. While the certificate does not have to state the diagnosis, the company reserves the right to reject a certificate that does not indicate that there had been a personal examination by the practitioner. The company further reserves the right to ask for further information or proof of illness from the employee. The company also reserves the right to insist that employees undergo a medical examination by a practitioner of the company s choice at the company s expense or, if the employee insists on using his/her own practitioner, then such practitioner must be qualified to conduct the required examination and must be someone other than the practitioner the employee consulted previously for the particular ailment. In this event the employee will be responsible for payment of the practitioner s fees. f. In the event of serious illness/incapacity the company may grant extended sick leave at the discretion of the MD. The sick leave may be paid, partially paid or unpaid or deducted from the employee s annual leave entitlement, depending on the circumstances and the merit of each case. 5 SPECIAL SICK LEAVE 5.1 In exceptional circumstances additional days special sick leave at full pay may be granted to employees who have exhausted their sick leave and, annual leave. While all applications will be evaluated on merit, special sick leave covers those illnesses/injuries that would require the employee to be off work for a period of more than 6 consecutive weeks. 5.2 Applications for special sick leave must be directed to the Line Manager and to the HRRM. Special sick leave will be granted at the sole discretion of the senior management team. 5.3 Diebold South Africa may at its discretion grant the following leave: First 8 weeks on full pay Second 8 weeks on half pay Diebold South Africa Leave Policy P a g e 7

8 6 MATERNITY LEAVE 6.1 All permanent employees who are pregnant are eligible for maternity leave benefit. 6.2 Line Managers may only approve request for paid maternity leave once an employee has signed an undertaking in favour of Diebold South Africa, which commits an employee to the relevant work back period requirements. 6.3 Such leave will be granted subject to producing a Medical Certificate signed by a registered Medical practitioner or midwife to the effect that the employee concerned is pregnant. 6.4 A pregnant employee will not be unreasonably refused time-off during her working hours to attend ante-natal care, however as with other medical appointments, appointments for ante-natal care should be arranged after consultation with the employee s line manager to minimise disruption to work. 6.5 Diebold South Africa is committed to ensuring that a pregnant or breastfeeding employee does not suffer any adverse effects on her health, safety and welfare because of her working environment. 6.6 The employee must notify Diebold South Africa of her leave dates: In writing, stating commencement and return dates; and This must be done at least 4 weeks before the commencement date. 6.7 An employee will be entitled to commence maternity leave: at any time from 4 weeks before the expected date of birth, unless otherwise agreed; or On a date certified by a medical practitioner/midwife that is necessary for the health of the employee or her unborn child Diebold South Africa acknowledges that some employees may wish to return to work sooner than others but not before 6 weeks unless if a medical practitioner certifies that she is fit to do so; certain jobs/positions are conducive to flexitime; and certain jobs/positions can be conducted from a place other than the office and as such should an employee wish to return to work sooner or work from home then Diebold South Africa may, at its sole discretion, allow an employee to do so. 6.8 Maternity Leave Entitlement months maternity leave will be granted on the following basis: Diebold South Africa Leave Policy P a g e 8

9 For those employees who are still serving their probationary period, this leave will be unpaid For those employees who have completed their probationary period with Diebold South Africa this leave will be on full pay In the event of a miscarriage or still-birth: During the 3rd trimester, the employee is entitled to 6 weeks paid maternity leave irrespective of whether the employee has commenced maternity leave prior to the miscarriage or still-birth; During the 2nd trimester, the employee will be entitled to 5 days compassionate leave, which will be in addition to the standard Family Responsibility Leave Any additional maternity leave and pay therefore will be at the sole discretion of Diebold South Africa Employees may take up to an additional period of two months of leave per confinement using annual or unpaid leave at Manager s discretion An employee qualifies for paid maternity leave benefits up to three times, and in the aggregate not exceeding 261 days during their total service in the organisation. 6.9 Work Back period on returning from maternity leave Employees who receive the paid maternity benefits are required to complete an undertaking that they will work back an equivalent of three months for every month that they received the paid maternity benefit. The maximum work back obligation is 12 months based on a 4 month paid benefit Failure to work the required work back period shall convert to an obligation to repay the full values of the benefit (calculated on a pro rata basis) received and the calculation is based on the cost to company package Returning to work after maternity leave The organisation undertakes that all applicable increases, incentives and bonus payments, dependant on relevant qualifying criteria, during maternity leave will apply. Diebold South Africa Leave Policy P a g e 9

10 Employees are expected to return to work on the agreed upon date and failure to return to work may lead to disciplinary action Employees who do not wish to return to work must indicate this intention at least 4 weeks before the return date. Such employees will be required to pay back the full maternity benefit as stipulated in FAMILY RESPONSIBILITY LEAVE 7.1 Employee s are entitled to request family responsibility leave for; When a male employee s child is born; When an employee legally adopts a child When the employee s child is sick; or In the event of the death of the employee s spouse or life partner; or the employee s parent, adopted parent, parent in law, grandparent, child, adopted child, grandchild or sibling Diebold South Africa may require reasonable proof of an event contemplated above for which the leave was required Four (4) days paid Family Responsibility leave will be granted to an employee during each annual leave cycle, at the request of the employee An employee s unused entitlement to Family Responsibility leave lapses at the end of the annual leave cycle in which it accrues. Before granting an employee family responsibility leave, the company is entitled to request proof of an event outlined above. 8 STUDY/ EXAMINATION LEAVE 8.1 Employees who are engaged in studying towards a qualification recognised in terms of the National Qualifications Framework (NQF) from a recognized institution may apply for leave for the purposes of study and attendance at examinations. A maximum of 1 days study leave and 1 day s examination leave shall apply for each module/ course taken up to a maximum annual amount of 10 days per calendar year. Diebold South Africa Leave Policy P a g e 10

11 8.2 Employees must first discuss and obtain approval from their line managers for the intended course/ study programme in order to access this leave benefit. 8.3 No study leave is granted for courses which are being repeated or for supplementary examinations. 8.4 Applications for Study/ Examination leave must be submitted to the Line Manager and Head of HR at least one month prior to date of leave. 9 RELIGIOUS LEAVE 9.1 Employees are entitled to 2 day s religious leave to observe religious holidays. 9.2 Line Managers are encouraged to consider applications for the observance of religious holidays favourably, in line with Diebold South Africa s diversity and inclusion policy. 10 UNPAID LEAVE It is not the company s policy to grant unpaid leave. In exceptional circumstances, applications will be considered by management and approved by the MD. 11 PUBLIC HOLIDAYS Diebold South Africa recognises statutory public holidays in South Africa. These are: - New Year s Day Human Rights Day Good Friday Family Day Freedom Day Workers Day Youth Day National Women s Day Heritage Day Day of Reconciliation Christmas Day 1 January 21 March 21 April 24 April 27 April 1 May 16 June 9 August 24 September 16 December 25 December Diebold South Africa Leave Policy P a g e 11

12 Day of Goodwill 26 December 12 INJURY ON DUTY (IOD) 12.1 Employees who are absent on account of injury on duty will continue to receive a portion of their pensionable salary as calculated by the Disability protection fund Line Managers must report all injuries on duty to Human Resources who will advise on the process for lodging claims in respect of injuries on duty 12.3 The Human Resources manager will lodge an application to the Compensation Commissioner for recovery of the benefit received by the employee injured on duty and will pay it over to the cost centre that covered the employee s salary during the injured period. 13 POLICY RESPONSIBILITIES 13.1 Line Manager - it is the responsibility of the Line Manager to ensure that leave is taken within the terms stipulated in this policy and to maintain leave records for employees Diebold South Africa Leave Policy P a g e 12