• The Expert Explains

    The Expert Explains

    Question: Valid or not?
    "Your hours of work can be changed, provided you are given 12 hours notice of such change"?

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    1. Jan Truter
      Posted 28 October 2014 at 3:28 pm | Permalink

      Reply to Gavin: Assuming the suspension is pending a disciplinary hearing, it should be on full pay. Whether the employee is sick or not during that period should not affect the obligation to pay. If the employe fails to pitch for a hearing, the employer is obliged to pay if the employee is absent due to genuine illness.

    2. gavin
      Posted 27 October 2014 at 10:50 pm | Permalink

      Can a employer deduct sick leave while a employee is suspended,with a valid medical certificate submited.

    3. Jan Truter
      Posted 5 August 2014 at 2:12 pm | Permalink

      Reply to Leandra: You would have to apply for either annual leave or unpaid leave

    4. Leandra Petzer
      Posted 22 July 2014 at 4:04 pm | Permalink

      I have been ordered to attend court on several dates as part of a custody battle. Do I qualify for special leave or is it part of annual leave.

    5. Jan Truter
      Posted 24 January 2014 at 8:12 am | Permalink

      Reply to Doddy: As a rule an employee would not required to attend a disciplinary hearing during her maternity leave. There may be exceptions, though.

    6. doddy
      Posted 23 January 2014 at 9:21 pm | Permalink

      employee on maternity leave is it a must for her to attend disciplinary hearing

    7. Jan Truter
      Posted 1 July 2013 at 8:45 am | Permalink

      Reply to Carol: The BCEA merely refers to “child” in this context and does not state the age. Common sense dictates that the child must be still be dependent on your care when she is sick. If you can demonstrate this need, then should be able to claim family responsibility leave.

    8. carol
      Posted 26 June 2013 at 10:41 am | Permalink

      I need to know if family responsibility leave covers my daughter if she is still in school and 18 years old?

    9. Jan Truter
      Posted 17 May 2013 at 4:36 pm | Permalink

      Reply to Sharleen: The minimum annual in terms of the BCEA is 21 consecutive days per year (15 working days for a 5 day week worker). This does not increase along with years of service, except where the business falls under a bargaining council where an agreement for increased leave has been negotiated.

    10. SHARLEEN
      Posted 17 May 2013 at 11:24 am | Permalink

      hi i want to know if you employed for longer than 5yrs at a company do you get 15 days or 21 days annual leave.

    11. Jan Truter
      Posted 7 March 2013 at 8:46 am | Permalink

      Reply to Annelize: If you don’t work for a few hours due to illness the employer can treat that time as ‘no work, no pay”. Asking you to put in a day’s sick leave is a simple way of dealing with it – you get paid and one day is deducted from your sick leave. Although the BCEA only refers to ‘days’ of sick leave a good solution might be to deal with it as hours (rather than days) of sick leave.

    12. Annelize Moller
      Posted 7 March 2013 at 8:35 am | Permalink

      When I come to work sick but then ask to go home at 10 or 11 o’clock, must I put in sick leave for this particular day, even if I came to work for a couple of hours?

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