Reply To: CAN EMPLOYERS FORCE EMPLOYEES TO TAKE LEAVE?

[Ingrid Lewin]

Perhaps it is the use of the word “power” and “require” that may be causing confusion. As I understand Section 20 (10), if there is no agreement (and I agree with Cameron that, first and foremost, an attempt should be made to get agreement), then the employer can decide, ie has the final say, as to when leave should be taken and section 20(10) enables the employer to do this. I understand the Covid-19 regulation, when it uses the word “require”, to mean that, in the circumstances of Covid and the restrictions placed on employees working at the employer’s premises, the employer, having tried to reach consensus and getting agreement, can then exercise his/her discretion and “require” the employee to use their annual leave if they have to stay at home (without working) due to Covid. Obviously if they are working from home, they must be paid their full salary unless there is agreement to the contrary (see Macsteel Service Centres SA (Pty) Ltd vs. National Union of Metal Workers of South Africa and others (2020) 8 BLLR 772 (LC)).