UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

ACADEMIC LEAVE POLICY

OF THE

UNIVERSITY OF THE

WESTERN CAPE

Page 1 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

TABLE OF CONTENTS

1. Introduction 3

2. Core purpose, outcome, impact and value of the Policy 3

3. Corporate Governance and Rules of the Policy 3

4. Relevant Statute and Compliance 22

5. Definition of Terms within the Policy 23

6. Policy Procedures (process documentation) 24

7. Revision Cycle and Maintenance 26

8. Future Training in respect of the Policy 27

9. Technology Requirements 27

10. Bibliography 27

11. Annexures / Appendices 27

Page 2 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

1. Introduction

This document is a compilation of leave conditions as approved over the

years and incorporates new decisions relative to current academic leave

conditions. The Academic Leave Policy is to comply with the Basic conditions

of Employment Act (BCEA) and the UWC conditions of Service relating to

leave.

2. Core purpose, outcome, impact and value of the Policy

The purpose of the Academic leave policy is to regulate leave processes and

benefits and to manage leave effectively and efficiently.

3. Corporate Governance and Rules of the Policy

All academic employees of UWC should comply with the rules of the Policy to

ensure legal compliance as well as the establishment of a uniform Policy and

process across all departments.

3.1 Leave per Annum

Unless otherwise indicated in these rules or in his/her written contract of

employment, an academic employee of the University is entitled to the

following leave days every calendar year or every leave cycle, as the case

may be, while he/she is in the continuous employ of the University:

3.1.1. Permanent academic

Page 3 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

• Recess leave: During recess periods only, provided that:

o An academic employee may be required to provide services,

whether it is teaching, administrative or research, on campus

during recess periods.

• Accumulative leave:

o Twenty (20) days per annum

• Sick leave during each sick leave cycle:

o Ninety (90) days full pay and,

o Ninety (90) days half pay.

3.1.2 Resignation of Employees

Immediately upon an employee giving notice of resignation any leave

granted shall lapse with effect from the date of such notice, or, if the notice

is undated, from the date of receipt of the notice by the Human Resources

Department, and any leave applied for or absence from duty after that date

shall be deemed to be leave without pay.

The provisions of above do not apply where the leave granted is sick or

special leave.

If an employee who has retired from a permanent post, or who has

relinquished a permanent post for any reason whatsoever, is re-appointed in

Page 4 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

a temporary capacity, with or without a break in service, such re-

appointment shall be regarded as a new appointment for all purposes of

leave rules.

3.1.3 Annual Vacation Leave

If an employee who is ordinarily eligible for annual vacation leave during

recess periods, is absent on sick leave up to and including the last day of a

University term and proceeds on leave as from the first day of the next

succeeding University term, the recess period intervening shall rank as

annual vacation leave unless such recess period is preceded and succeeded

by vacation or sick leave without pay, in which case such recess periods will

be recorded as vacation or sick leave without pay as the case may be.

3.4. Sick Leave

Sick leave shall accrue to an employee on the first day of a sick leave cycle

and the full provisions of such sick leave cycle may be granted to him/her

with effect from that day. Employees employed during the sick leave cycle

will be granted pro-rata sick leave and the full prorata provision will be

granted on the day of appointment.

Unused sick leave for a particular sick leave cycle shall lapse at the end of

that cycle.

Page 5 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

Sick leave shall be granted to an employee only in respect of the absence

from duty owing to an illness, indisposition or injury.

Sick leave may be granted, by way of electronic application and supported by

a relevant sick certificate (if applicable) only if Management, or committee of

Management mandated by Management, is satisfied that the applicant's

condition of health:

• Incapacitates him/her for duty; and

• Does not arise from his/her failure to apply for vacation leave.

If an employee is absent from duty for a continuous period of more than two

consecutive days, or on more than two occasions during an eight-week

period, owing to illness, he/she shall be granted sick leave only if he/she

submits a medical certificate which clearly:

• States that s/he is not capable of performing his/her official duties; and

• Indicates the period necessary for his/her recuperation.

Management may refuse to accept a medical certificate if it is not issued and

signed by a medical practitioner or any other person who is certified to

diagnose and treat patients and who is registered with a professional or

similar body established by an Act of Parliament.

Notwithstanding the submission of a certificate, Management may, in its

discretion and for cogent reasons, refuse to grant sick leave with pay in

Page 6 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

respect of any absence from duty to which the certificate relates, and in such

case the absence shall be regarded as unauthorised.

If an employee to whom accumulative leave has been granted in the case of

academic employees becomes ill after he/she has left his/her duties to

proceed on leave, that portion of accumulative leave during which he/she

was indisposed, may be converted into sick leave if:

a) The employee submits a medical certificate that complies with the

requirements prescribed by sick leave rules above; and

b) The necessary sick leave days are available to the employee in terms

of these rules.

Leave without pay granted to an employee may not be converted into sick

leave.

Sick leave without pay, not exceeding a continuous period of 365 days, in

any particular sick leave cycle may be granted to an employee who has used

all his/her paid sick leave provided for in these rules, provided that:

a) The sick leave so granted may be made irrespective of whether the

employee has been granted additional sick leave with half pay; and

b) If an employee has been granted the sick leave without pay provided for

in these rules, he/she shall not, during the relative cycle, be granted

any further leave, of whatever nature, to cover his/her absence from

duty owing to illness, unless:

Page 7 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

c) The granting to an employee of sick leave without pay is subject to the

submission by him/her of a satisfactory medical certificate in respect of

each absence in excess of two consecutive days, provided that

Management may waive the production of a medical certificate in

respect of absences for periods less than two consecutive days.

Injuries on Duty

An employee who is absent from duty owing to an injury sustained in an

accident arising out of and in the course of his/her duties or owing to a

disease contracted in the course of and as a result of his/her duties, may be

granted special sick leave with full pay for the period he/she is incapacitated

for his/her normal duties, or, if the matter falls within the scope of the

Compensation for Occupational Injuries and Diseases Act (Act 130 of 1993)

or the Occupational Diseases in Mines and Works Act (Act 78 of 1973),

special sick leave with remuneration equal to the difference between full pay

and the compensation payable to him/her in terms of these acts.

Special sick leave shall not be granted if Management is of the opinion that

the accident is due to the serious or wilful misconduct of the employee.

If an employee who has been granted the maximum number of sick leave

days provided for in these rules is after such leave not yet able, for health

reasons, to resume his/her duties, Management may in its discretion, grant

the employee such further sick leave it deems fit on such conditions and for

such period it deems appropriate.

Page 8 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

An employee may, on his/her written application, be granted accumulative

leave he/she may have to his/her credit in lieu of sick leave with half pay or

sick leave without pay, provided such application is submitted not later than

thirty days after he/she has resumed his/her duties.

If an employee to whom accumulative leave has been granted in the case of

an academic employee becomes ill after he/she has left his/her duties to

proceed on leave, that portion of accumulative leave during which he/she

was indisposed, may, with the approval of Management, be converted into

sick leave if:

a) The employee submits a certificate by a medical practitioner; and

b) The necessary sick leave is available in terms of these rules.

If an employee who has been granted the maximum number of days of sick

leave provided for in these rules is after such leave not yet able, for health

reasons, to resume his/her duties, Management may:

a) On the submission of a satisfactory certificate by a registered medical

practitioner;

b) If s/he is satisfied that the employee at that particular time is not

permanently unfit to resume his/her normal duties; and

c) If the employee has no accumulative leave to his/her credit;

Page 9 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

in its discretion, grant the employee further sick leave with half pay

not exceeding ninety (90) days in anyone cycle in respect of separate

periods of absence and in respect of different kinds of illnesses.

Notwithstanding anything to the contrary contained in these rules,

Management may require that a certificate by a registered medical

practitioner be submitted before sick leave is granted.

Management may at any time require an employee to submit to an

examination by one or more registered medical practitioners for a second

opinion, nominated by Management, provided that Management shall meet

the expenditure connected with such examination.

3.5 Special Leave

Special leave with full pay may be granted to an employee:

a) To write an examination at a higher education institution or to write

any other examination that the Management may approve from time

to time;

b) If he/she is absent from duty as a result of segregation or isolation on

medical instruction if he/she has been in contact with a person who

has contracted or is suspected of having contracted an infectious or

contagious disease, provided that the granting of such special leave is

subject to the submission of a certificate by a registered medical

Page 10 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

practitioner indicating the period of and reason for segregation or

isolation;

c) If he/she is absent from duty as a result of his/her arrest or his/her

appearance in court on a criminal charge and he/she is subsequently

acquitted or the charge is withdrawn, for the period of detention and

trial only;

d) If he/she is subpoenaed to provide testimony in a court of law; and

e) If, as a permanent academic employee, he/she attends any class of

instruction or course for lecturers or any expert congress, conference

or symposium approved by Management.

Special leave granted may include any period actually and necessarily

occupied in travelling for the purpose for which the leave is granted.

Special leave may be granted for a period not exceeding two (2) months per

academic year to academic employees for visits to universities abroad with

which this University have established formal exchange linkages.

Management may grant special leave subject to such conditions as it may

determine from time to time.

All applications for special leave must be submitted via the web leave system

and the necessary documentation, must be submitted, normally at least

three weeks before an applicant is due to go on special leave, to the Dean or

Page 11 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

Line Manager for approval whereby the Dean or Line Manager will forward

the documents to the Human Resources Office.

The Department of Human Resources will submit monthly reports to the

Executive Committee of Senate for its information with respect to academic

employees on special leave, stating the relevant particulars (name,

department, period, nature of conference, etc.).

3.6 Parental leave:

3.6.1 Maternity Leave

Full-time employees, whether permanent or contract, qualify for maternity leave, provided that only those employees who have been in the employ of the University for at least twelve (12) months will qualify for maternity leave with full pay.

Applications for maternity leave should be made at least four (4) weeks, but preferably eight (8) weeks, in advance and should be accompanied by a certificate from a registered medical practitioner detailing the expected date of confinement.

An employee is entitled to take up to a maximum of six (6) months maternity leave but will be required to take a minimum of four (4) months maternity leave of which at least one (1) month must be before the expected date of confinement. (BCEA, Act 75 of 1997, section 25)

The University will pay 100% of salary for the first four (4) months and 50% for the last two (2) months during the maternity leave period for employees earning more than the maximum amount prescribed by

Page 12 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

the Department of Labour’s regulations, otherwise payments will be in terms of the provisions laid down by the Department of Labour.

During the maternity leave period all other benefits will remain unaltered. (However, if the employee's contribution exceeds the salary amount for any of the months special arrangements will have to be made between the employee and the University.)

If a period in excess of six (6) months maternity leave is required, the employee will be required to take unpaid leave, unless the staff member is unable to return to work for medical reasons in which case the University may grant normal sick leave.

An employee on maternity leave must inform the University at least one (1) month in advance of the date she will return to work.

No employee shall be required to resign in order to take maternity leave and shall be guaranteed the right to return to the same position at the end of the maternity leave period.

The service of an employee who has taken maternity leave shall be regarded as having been continuous.

No employee of the University shall be dismissed or retrenched whilst on maternity leave.

Pregnant employees will be entitled to take the necessary time off once every month in order to attend ante-natal clinics and a similar arrangement will apply, for up to six (6) months after confinement, in respect of post-natal clinics.

The University remains cognisant of the importance of the safety and health of pregnant and nursing employees in the working environment and shall not require such employee to undertake work that may be prejudicial to their health.

Page 13 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

3.6.2 Adoption leave

An employee who becomes the parent of an adopted child below the

age of two (2) years of age will be entitled to the same benefits as

other employees who become biological mothers (those eligible for

Maternity leave), provided that in the case of adoption, the

employee is only entitled to the Parental leave after adoption.

The following will apply if both parents are UWC staff members:

3.6.2.1 Only one staff member will be eligible for Parental leave;

3.6.2.2 The other staff member will be eligible for Parenting Partner leave as per section 3.6.3.

3.6.3 Parenting Partner leave

An employee who becomes the parent of a newborn or an adopted

child below the age of two (2) years of age may, on application, be

granted parental leave on full pay for a maximum period of ten (10)

consecutive working days, to be taken within thirty (30) calendar

days of the birth or adoption of the child.

3.6.4 Commissioning Parental Leave

An employee, who is a commissioning parent in a surrogate motherhood agreement, is entitled to:

(a) Commissioning parental leave of at least ten weeks consecutively; or

(b) The Parenting Partner leave referred to in section 3.6.3.

Page 14 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

3.6.5 Childcare facilities:

The University is committed to the concept of the provision of childcare facilities although it is recognised that it may not be financially possible to provide an all-encompassing facility.

3.7 Occasional Leave

The Rector, or person designated by him/her, may in his/her discretion allow

an academic employee to use accumulative leave days he/she has to his/her

credit to attend to private matters of an urgent nature, and if such member

of staff has no accumulative leave to his/her credit, he/she may be granted

leave without pay for that purpose, provided that occasional leave thus

approved shall not be regarded as a break in service.

3.8 Family Responsibility Leave

The University will, on application to the Dean or Line Manager, grant paid

family responsibility leave, not exceeding three (3) days per year, to an

employee:

a) When the employee’s child is sick; and

b) In the event of the death of the employee’s spouse or life partner or

the death of the employee’s parent, adoptive parent, grandparent,

child, adoptive child, grandchild or sibling.

An employee may take family responsibility leave in respect of the whole or

part of a day. Before granting an employee leave taken by him/her in terms

Page 15 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

of the provisions of above, reasonable proof may be required of the event for

which the leave was required.

3.9 Study Leave: Academic Employees

Management may grant study leave to permanent academic employees for

such studies or research as Management may approve from time to time.

Subject to the conditions regarding the maximum period of study leave that

may be granted to an employee, study leave is granted by Management on

the basis that for each day of accumulative leave standing to the credit of the

employee Management will add an equivalent number of days (leave on

50/50 basis)

Study leave on a 50/50 basis with full pay up to a maximum of twelve (12)

months and afterwards study leave for a period not exceeding twelve (12)

months may be granted in the discretion of Management, provided that if a

study period of three (3) years is required at a recognised higher education

institution abroad, Management may grant study leave with or without pay

for such period (if employees have enough leave credits, they may use these

leave credits before unpaid will apply).

Recess periods falling within a period of study leave and are preceded and

succeeded by study leave without pay, shall be regarded as leave without

pay.

Page 16 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

Recess periods other than those contemplated, shall not be taken into

account for the purpose of determining the period of leave.(Credits calculated

on actual days, exclude the recess periods)

Unless Management otherwise decides, an employee must have completed a

period of at least two (2) years of continuous employment at the University

from the date of his/her appointment as an employee before he/she may be

granted study leave.

Study leave shall, normally, commence on the first day of a semester, unless

the employee to whom study leave has been granted is to proceed abroad to

study and the academic year at the other university differs from that at this

University.

The study or research programme an employee wishes to follow must receive

the approval of Senate or a committee thereof.

The employee concerned must, before his/her period of study leave

commences, provide the University with an undertaking in writing:

a) To remain in the service of the University for a period at least equal to

the period of study leave granted to and/or utilized by him/her; and

b) To pay the University such an amount as Management may determine

from time to time should he/she resign from the employ of the

Page 17 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

University and such resignation becomes effective before the expiry of

the period contemplated in a) above.

On return from study leave, an acceptable report on the work carried out

must be submitted to the Senate or a committee thereof.

Accumulative leave shall not be taken by an academic employee for less than

one (1) full term and then only when such leave shall have accrued and is

available, provided that Management may in its discretion authorise an

employee to take such accumulative leave as may have accrued to him/her

or a portion thereof at any time.

3.10 Unpaid Leave

Council may grant unpaid leave to any permanent full-time employee of the

University.

As unpaid leave has significant adverse implications for the University, such

leave may only be granted where:

• The employee has, as a result of illness, exhausted all his/her sick leave

days (including sick leave days on half pay) and a medical practitioner

certifies that such employee will need a further period of convalescence

before he/she can resume his/her duties; or

Page 18 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

• The employee intends to improve his/her formal academic qualifications

and does not have a sufficient number of leave days standing to his/her

credit in order to complete the qualification he/she has enrolled for; or

• Such leave being granted to an employee will serve the strategic interests

of the University.

Applications for unpaid leave as well as recommendations for such leave

must make plain the strategic importance for this University of granting such

leave.

Unpaid leave will only be granted for a maximum continuous period of 365

days.

Should an employee to whom the maximum of 365 days of unpaid leave has

been granted wish to extend such period of leave, a new application for

unpaid leave must be submitted in terms of this leave policy.

An employee on unpaid leave will be responsible for the full contribution to

the medical aid and the retirement fund. On receiving the contribution from

the employee, UWC will pay it over to the relevant fund.

3.11 Accumulative leave taken as Vacation Leave

In exceptional circumstances Management may in its discretion grant

permission to an employee to utilize his/her accumulated leave as vacation

leave.

Page 19 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

3.12 Application for Leave

Except for sick leave, application for leave must normally be made well in

advance of the intended commencement date of such leave.

3.13 Leave not utilised

Accumulative leave not taken by an employee will not, be paid out to such

employee in cash or in kind on his/her resignation from the employ of the

University or whilst he/she is still in the employ of the University.

3.14 Pay out of Accumulated Leave on Retirement of Employees

When an employee reaches retirement age and he/she decides to retire and

Management has granted the required approval, the University will, unless

indicated otherwise by law, pay out to such employee the number of

accumulative leave days standing to his/her credit.

The maximum number of accumulative leave days to be paid out is the

following:

a) Academic employees appointed before 1 January 1999: a maximum of

365 days.

b) Academic employees appointed after 1 January 1999: a maximum of

90 days.

3.15 General

Unless Management otherwise decides, no person employed in a temporary

part-time capacity will be granted leave in terms of these rules.

Page 20 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

Save for any provisions in terms of any law or regulation made there under,

leave of absence as provided for in these rules cannot be claimed as of right

and will only be granted after considering the needs of the University.

The granting of all leave of absence is subject to approval by Management

and leave already granted may be withdrawn by it at any time.

Except in the case where an employee is suspended from duty or where an

employee is prevented by his/her sudden illness or by other circumstances

that are acceptable to the Management from remaining on or reporting for

duty, he/she may not leave or stay away from work until he/she has applied

in writing for leave and has been advised that such application has been

approved.

Any unauthorised absence from work shall be regarded as leave without pay,

notwithstanding any disciplinary measures which may be instituted against

such employee.

All leave, of whatever nature, whether with or without pay, shall count for

the purpose of salary increments.

In the event of circumstances arising justifying a departure from the

provisions of these rules, Management may grant leave to an employee or

classes of employees on such conditions as Management may approve.

Page 21 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

Management may determine special leave privileges for an employee or

classes-of employees as well as other leave matters that are not covered by

these rules.

Management may at any time require an employee to take the whole or a

portion of the accumulative leave due to him/her, provided that the

maximum period of such leave prescribed by rules may not be exceeded.

4. Relevant Statute and Compliance

This is an internal process guided by the Basic Conditions of Employment Act.

All UWC employees should comply with the Policy because non-compliance

will have a direct impact on UWC.

Statutory Compliance includes compliance with:

• BCEA, Labour Relations Act,

• Income Tax Act; and

• UIF Act.

All leave must be recorded on the web leave system to ensure strict leave

management.

Page 22 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

5. Definition of Terms within the Policy

Unless the context otherwise indicates:

“Academic employees” refers to those persons employed by the University

primarily to teach or to do research, including the executive

members (as their individual contracts reflect) and the deans.

“Day” in the case of academic employees refers to calendar day (unless

otherwise stated in the policy) which will include Saturdays,

Sundays and any Public Holidays or days on which the University

is officially closed (during the December/January recess period)

“Accumulative leave” refers to leave accumulated and paid out upon

retirement.

“Management” refers to the Management of the University of the Western

Cape and includes any committee of Management or employee

of the University mandated by Management to carry out

Management’s functions in terms of these rules.

“Line manager” refers to an employee of the University to whom another

employee of the University has to report to and to whom he/she

is accountable.

“Medical practitioner” refers to a person registered as such in terms of the

provisions of an Act of Parliament and includes a so registered dentist or a so registered traditional healer.

Page 23 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

“Recess periods” refers to periods when under-graduate academic teaching

is suspended (normally during the months of April, June/July,

September and December/January).

“Senior management” refers to the rector, the vice-rector or vice-rectors,

as the case may be, the registrar or registrars, as the case may be, the executive director or executive directors, as the case may be, and the deans.

“Sick leave cycle” refers to a period of three (3) years from a specific date

determined by UWC,

“Temporary full-time employee” refers to an employee who has been

appointed on continuous contract for a period not less than one

(1) month.

“Temporary part-time employee” refers to an employee who works less

than eight (8) hours a day.

6. Policy Procedures (process documentation)

6.1. Accumulative Leave for study purposes

Applications for study leave must be submitted to the Senate Research

Committee for approval.

Page 24 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

6.2. Maternity Leave

Applications for maternity to be submitted via the web leave system and the

necessary documentation e.g. Sick certificate/certificate of confinement must

be submitted to HOD for submission to HR.

6.3. Special leave

Applications to be submitted via the web leave system and the accompanying

documentation must be submitted to HOD for submission to HR.

6.4. Sick leave

Applications must be submitted via web and the sick certificate must be

submitted to the HOD for submission to HR.

6.5. Paternity leave

Application must be submitted via the web leave system and the proof of

birth must be submitted to HOD for submission to HR.

6.6. Family responsibility leave

Applicant must apply via the web leave system and the relevant proof must

be submitted to HOD for submission to HR

6.7. Unpaid leave

Application to be granted unpaid leave, together with all supporting

documentation, must, in the case of an academic employee:

• Be lodged with the Dean of his/her Faculty;

Page 25 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

• The Dean must submit such application (which must indicate the

period and number of days applied for), together with his/her

recommendation in writing, to the Faculty’s Appointments Committee;

• The recommendation of the Faculty’s Appointments Committee is

submitted to the Appointments Committee of Senate and Council for

final decision; and

• The decision of the Appointments Committee of Senate and Council is

reported to Council and conveyed to the applicant in writing.

• HR to process application

6.8. Accumulated leave as vacation leave

Written application must be directed to Management for its consideration,

and must be accompanied by a letter of the applicant’s Dean or Line

Manager, as the case may be, supporting the application.

7. Revision Cycle and Maintenance

Date of last review

Policy and was last reviewed in 1994.

Proof of approval

UWC Conditions of Service manual, section D7, (Council R88/7 & R93).

Date of last review: The policy was amended in 2018 (refer C2018/6/12).

Page 26 of 27

	UNIVERSITY OF THE WESTERN CAPE
	ACADEMIC LEAVE POLICY	Council Approval Reference Number	Council R88/7 & R93).
		Implementation Date	1987, amended 1993
		Revision / Amendment Number	C2018/6/12
		Revision / Amendment Date	December 2018
		Policy Owner	Human Resources
		Executive Management Portfolio	Executive Director: HR
		Circulated by:	HR Policy Specialist
		Circulated to:	EMC, SA, Senate, Council

8. Future Training in respect of the Policy

Consultants will be responsible to communicate all leave rules and processes

to relevant employees.

9. Technology Requirements

Leave is managed via the online HR leave system.

10. Bibliography

• Basic Conditions of Employment Act (BCEA), Act 75 of 1997 as amended;

• Labour Relations Act (LRA), Act 66 of 1995 as amended;

• UWC Conditions of Service manual, section D7, (Council R88/7 & R93).

11. Annexures / Appendices

N/A

Page 27 of 27

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

ADMINISTRATIVE AND

SUPPORT LEAVE POLICY

OF THE

UNIVERSITY OF THE

WESTERN CAPE

Document Name Revision Date Page 1 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

Contents

1. Introduction ............................................................................................. 4

2. Definition of Terms within the Policy ........................................................... 4

3. Core purpose, outcome, impact and value of the Policy ................................. 5

4. Rules ...................................................................................................... 5

5. Leave Per Annum ..................................................................................... 5

a) Annual Vacation Leave ........................................................................... 6

b) Sick Leave ............................................................................................ 7

c) Parental leave: .................................................................................... 10

i. Maternity Leave ........................................................................... 10

ii. Adoption leave............................................................................. 12

iii. Parenting Partner leave ................................................................ 13

iv. Commissioning Parental Leave ...................................................... 13

v. Childcare facilities: ......................................................................... 13

d) Family Responsibility Leave ................................................................... 13

e) Accumulative Leave (For Study Purposes) ............................................... 14

f) Payment of Accumulative Leave at Retirement: ....................................... 15

g) Study Leave ........................................................................................ 16

Rules Governing Study Leave: ....................................................................... 16

Unpaid Leave ............................................................................................... 17

Special Leave .............................................................................................. 18

Resignation of Employees .............................................................................. 19

Document Name Revision Date Page 2 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

General ....................................................................................................... 19

Relevant Legal Framework ............................................................................ 20

POLICY PROCEDURES ................................................................................... 21

6.1. Annual Leave ........................................................................................ 21

6.2. Accumulative Leave for study purposes .................................................... 21

6.3. Maternity Leave ..................................................................................... 21

6.4. Special leave ......................................................................................... 22

6.5. Sick leave ............................................................................................. 22

6.6. Paternity leave ...................................................................................... 22

6.6. Family responsibility leave ...................................................................... 22

6.7. Study Leave .......................................................................................... 22

6.8. Unpaid leave ......................................................................................... 23

REVISION CYCLE AND MAINTENANCE ............................................................. 23

FUTURE TRAINING IN RESPECT OF POLICY ..................................................... 24

TECHNOLOGY REQUIREMENTS ....................................................................... 24

BIBLIOGRAPHY ............................................................................................ 25

Annexure A: CRITERIA FOR CONSIDERING ADDITIONAL SICK LEAVE ................. 25

Document Name Revision Date Page 3 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

1. Introduction

This policy is an integration of policies and practices and is the last approved

Administrative and Support Leave Policy in order to have one document to govern

Administrative and Support Leave.

The Administrative and Support Leave Policy has to comply with the Basic Conditions

of Employment Act (BCEA), Act 75 0f 1997 and the provisions in the UWC Conditions

of Service Manual relating to leave.

It is important to manage and communicate this policy to all employees at UWC to

maximise operational efficiencies. This will require that feedback loops (reporting) be

implemented to measure and manage leave in the different departments and the

implications thereof.

2. Definition of Terms within the Policy

“Administrative and Support staff” refers to those employees of the University who are not academic employees. (“Academic employees” refers to those persons employed by the University primarily to teach and to do research).

“Permanent Employees” refers to those employees who are not employed on a

contract basis (no end date).

“Management” refers to the Management of the University of the Western Cape and

includes any committee of Management or employee of the University mandated by

Management to carry out Management’s functions in terms of these rules. Document Name Revision Date Page 4 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

“Senior management” refers to the rector, the vice-rector or vice-rectors, as the

case may be, the registrar or registrars, as the case may be, the executive director

or executive directors, as the case may be, and the deans.

“Line manager” refers to an employee of the University who is accountable for

monitoring people, in an area of responsibility.

“Day” refers to a working day unless otherwise specified.

“Sick leave cycle” refers to a period of three (3) years from a specific date

determined by UWC.

“Medical practitioner” refers to the definition as documented and approved by

Government.

3. Core purpose, outcome, impact and value of the Policy

The purpose of the Administrative and Support leave Policy is to regulate leave

processes and benefits and to manage leave effectively and efficiently.

4. Rules

All Administrative and Support employees of UWC are subject to the policy.

5. Leave Per Annum

Subject to the rules applicable to each leave category and unless otherwise indicated

in these rules, a permanent employee of the University is entitled to the following

Document Name Revision Date Page 5 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

leave days every calendar year or every leave cycle, as the case may be, while the

employee is in the continuous employ of the University:

a) Annual Vacation Leave

The leave entitlement of twenty-five (25) working days excludes the compulsory end

of-year closure period. Application for annual vacation leave must be made via the

HR web leave system.

This is by definition annual vacation leave and must be applied for in the year that it

is accrued (that is January until December). Annual leave from the previous year,

not applied for before the end of January of the following year, will be forfeited.

In the case where leave was applied for but not approved due to operational

requirements, the UWC may grant an employee leave within six (6) months of the

end of the leave cycle up till 30 June (refer BCEA, chapter three, section 20.4). All

remaining leave not applied for shall lapse at the end of this period.

Annual vacation leave not taken by an employee will not be paid out to the employee

in cash or in kind whilst s/he is still in the employ of the University.

Current annual vacation leave not taken by an employee will be paid out to such

employee on his/her resignation from the employ of the University.

If an employee has been granted vacation leave with full pay in excess of that

provided for in these rules, such overgrant may be deducted from vacation leave that

subsequently accrues to him/her, provided that Senior Management is satisfied that

Document Name Revision Date Page 6 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

such overgrant was made in good faith, provided further that, if the employee resigns

or his/her services are terminated before sufficient vacation leave has accrued to

him/her for the purpose of such deduction, the portion of the overgrant that has not

yet been set off against his/her leave accrual on his/her last day of service shall be

regarded as an overpayment of salary which shall be recovered.

b) Sick Leave

Sick leave shall accrue to an employee on the first day of a new sick leave cycle and

the full provisions of the sick leave cycle may be granted to him/her with effect from

that day.

Sick leave shall be granted to an employee only in respect of the absence from duty

owing to an illness, indisposition or injury.

An employee is required to communicate1 with his/her Line Manager as soon as

possible on the first day of sick leave to indicate the reason for absence from work.

If an employee is absent from duty for a continuous period of more than two (2)

consecutive days, or on more than two (2) occasions during an eight (8) week period,

owing to illness, s/he shall be granted sick leave only if s/he submits a medical

certificate which clearly:

• States that the employee is not capable of performing his/her official duties; and

• Indicates the period necessary for his/her recuperation.

1 Communication can be via SMS, phone or e-mail.

Document Name Revision Date Page 7 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

Sick leave may be granted, by way of application on the HR web leave system and

supported by a relevant sick certificate, in respect of illnesses or indisposition only if

Management is satisfied that the applicant's condition of health:

• Incapacitates him/her for duty; and

• Does not arise from his/her failure to apply for vacation leave.

Management may refuse to accept a medical certificate if it is not issued and signed

by a registered medical practitioner or another person who is certified to diagnose

and treat patients and who is registered with the Health Professionals Council of

South Africa (HPCSA) or a similar body established by an Act of Parliament.

The granting to an employee of sick leave without pay is subject to the submission by him/her of a satisfactory medical certificate in respect of each absence in excess of two (2) consecutive days.

Notwithstanding the submission of a certificate, Management may, at its discretion

and for cogent reasons, refuse to grant sick leave with pay in respect of any absence

from duty to which the certificate relates, and in such case the absence shall be

regarded as unauthorised.

An employee may, subject to a written application, be granted any vacation leave

s/he may have to his/her credit in lieu of sick leave without pay, provided such

application is submitted not later than thirty (30) days after the resumption of his/her

duties. Response must be given to the employee in writing. Once the annual vacation

leave has been granted for this purpose, such leave may not be reconverted into sick

leave without pay.

If an employee to whom paid accumulative leave or annual vacation leave has been

granted, becomes ill after s/he has left his/her duties to proceed on leave, that

Document Name Revision Date Page 8 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

portion of accumulative or annual leave during which s/he was indisposed, may be

converted into sick leave if:

• The employee submits a medical certificate that complies with the

requirements prescribed above; and

• The necessary sick leave days are available to the employee in terms of these

rules.

Annual vacation leave without pay may not be converted into sick leave.

Management may, at its discretion and for cogent reasons; grant employees a

maximum of four (4) months unpaid sick leave during pregnancy and thereafter.

An employee who is absent from duty owing to an injury sustained in an accident

arising out of and in the course of his/her duties or owing to a disease contracted in

the course of and as a result of his/her duties, may be granted special sick leave with

full pay for the period s/he is incapacitated for his/her normal duties, or, if the matter

falls within the scope of the Compensation for Occupational Injuries and Diseases Act

(COIDA) Act 130 of 1993 or the Occupational Health and Safety Act (Act 85 of 1993),

special sick leave with remuneration equal to the difference between full pay and the

compensation payable to him/her in terms of these acts.

Special sick leave shall not be granted if Management is of the opinion that the course

of sick leave is due to the serious or wilful misconduct of the employee. Management

may at any time require an employee to submit to an examination by one or more

registered medical practitioners nominated by Management, provided that

Management shall meet the expenditure connected with such examination. Document Name Revision Date Page 9 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

Unused sick leave for a particular sick leave cycle shall lapse at the end of that cycle.

Exceptional Cases: If an employee who has been granted the maximum number of

sick leave days (provided for in these rules) is after such leave not yet able, for health

reasons, to resume his/her duties, Management may in its discretion, grant the

employee such further sick leave it deems fit on such conditions and for such period

it deems appropriate. Management will review such grants of further sick leave on a

monthly basis and may require monthly reports from the employee’s medical

practitioner (see annexure A). Extended sick leave must be approved at Senior

Management level.

c) Parental leave:

i. Maternity Leave

Full-time permanent employees2 qualify for maternity leave, provided that

only those employees who have been in the continuous employ of the

University for at least twelve (12) months qualify for maternity leave with

full pay.

Applications for maternity leave should be made online at least eight (8)

weeks, in advance. A certificate from a registered medical practitioner

detailing the expected date of birth must be submitted to the Dean or line

manager as soon as possible thereafter.

An employee is entitled to take up to a maximum of six (6) months

maternity leave but will be required to take a minimum of four (4)

months maternity leave of which at least one (1) month must be before

the expected date of birth.

2 Refer to the “Fixed term Contract Guidelines” for contract staff

Document Name Revision Date Page 10 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

The following options are available:

Option 1. Four (4) months only: For the first 4 months of maternity

leave the staff member shall receive 100% of monthly salary. This will

be made up of the UIF payment of salary together with the payment

from the University which is 55% of salary. Reimbursements will be

made on a monthly basis, but only on receipt of a bank statement as

proof of deposit made by the Department of Labour (DoL). Please note

that reimbursement by UWC is only in the case where the payment by

DoL and UWC does not add up to 100%.

Option 2. Five (5) months: Four (4) months as above and one (1)

month at 100% of salary from UWC. The staff member will return to

work the sixth (6th) month.

Option 3. Six (6) months: Four (4) months as above and two (2)

months at 50% of the salary with no additional contribution from UWC

for the last 2 months.

During the maternity leave period all other benefits will remain

unaltered. (Note: If the employee's contribution in any benefit category

exceeds the salary amount for any of the months, the employee must

make special arrangements).

An employee on maternity leave must inform the University at least

one (1) month in advance of the date the employee will return to work.

Document Name Revision Date Page 11 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

An employee is not required to resign in order to take maternity leave

and is guaranteed the right to return to the same position at the end of

the maternity leave period.

The service of an employee who has taken maternity leave is regarded

as having been continuous.

Pregnant employees are entitled to take the necessary time off once every month in order to attend ante-natal clinics and a similar arrangement will apply, for up to six (6) months after birth, to attend post-natal clinics.

The University remains cognisant of the importance of the safety and health of pregnant and nursing employees in the working environment and will not require such employee to undertake work that may be prejudicial to their health.

ii. Adoption leave

An employee who becomes the parent of an adopted child below the age

of two (2) years of age will be entitled to the same benefits as other

employees who become biological mothers (Maternity leave), provided

that in the case of adoption, the employee is only entitled to the Parental

leave after adoption.

The following will apply if both parents are UWC staff members:

1. Only one staff member will be eligible for Parental leave;

2. The other staff member will be eligible for Parenting Partner leave as per section C (iii).

Document Name Revision Date Page 12 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

iii. Parenting Partner leave

An employee who becomes the parent of a newborn or an adopted child

below the age of two (2) years of age may, on application, be granted

parental leave on full pay for a maximum period of ten (10) consecutive

working days, to be taken within thirty (30) calendar days of the birth

or adoption of the child.

iv. Commissioning Parental Leave

An employee, who is a commissioning parent in a surrogate motherhood agreement is, entitled to:

(a) Commissioning parental leave of at least ten weeks

consecutively;

or

(b) The Parenting Partner leave referred to in section 4.7 (iii).

v. Childcare facilities:

The University is committed to the concept of the provision of childcare

facilities although it is recognised that it may not be financially possible

to provide an all-encompassing facility.

d) Family Responsibility Leave

On application to the Dean or Line Manager, paid leave, not exceeding three (3) days

per year, may be granted to an employee: Document Name Revision Date Page 13 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

• When the employee’s child is sick; and/or

• In the event of the death of the employee’s spouse or life partner or the death

of the employee’s parent, adoptive parent, grandparent, child, adoptive child,

grandchild or sibling.

An employee may take leave in respect of the whole or part of a day. Reasonable

proof may be required of the event before granting an employee family responsibility

leave.

e) Accumulative Leave (For Study Purposes)

“Study purposes” refers to any academic course and / or skills programme that could develop an employee in such a way that:

• Performance in current position is enhanced, and / or

• Competencies for some likely future position within UWC will be developed.

Employees may accrue accumulative leave up to a maximum of ninety (90) working days.

An employee may only apply for accumulative leave, if the leave is for preparation

for a test or an exam (refer attached, study leave guidelines). The employee will

apply for special leave if s/he writes an exam (proof must be attached e.g. Exam

timetable).

An employee applying for accumulative leave for a period of a month or longer must

direct the application with relevant supporting documentation to the HR Consultants.

HR consultants will present the application to the relevant committee for approval.

An employee applying for accumulative for a period shorter than one (1) month must

submit her/his application to her/his respective Head of Department, who will send Document Name Revision Date Page 14 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

the application with her/his recommendation to the Dean of the faculty for approval

by the relevant DVC. The Rector to approve the application should the employee be

in the executive line3.

Accumulative leave not taken by an employee will not be paid out in cash or in kind

on an employee’s resignation from the employ of the University or whilst s/he is still

in the employ of the University. In the case of contract employees: Leave not taken

shall lapse if a new contract is entered into. No leave will be carried over to the new

contract.

f) Payment of Accumulative Leave at Retirement:

From January 2004 the following rules will apply:

• Employees in service as at 13 June 2003 will be paid accumulative leave credits

to the maximum of 250 working days.

• Employees in service as at 13 June 2003 may accrue an additional 30 days

accumulative leave after January 2004, as long as the maximum of 250 working

days are not exceeded.

• Employees employed after 13 June 2003 will not be paid any leave accrued at

Retirement.

In all circumstances leave credits paid to employees will not exceed the maximum

amount of 250 working days. The rate of accumulative leave pay will be calculated

at a rate of basic salary.

3 EMC decision – 23 October 2017

Document Name Revision Date Page 15 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

g) Study Leave

An employee wishing to apply for full-time study leave is required to apply to the

Human Resources Committee (HR14) with the support of the Head of the department

in which the employee works. The course chosen must be relevant to the appropriate

career path of the employee concerned. Full-time study leave are deemed to be for

a period of nine (9) months or longer.

Study leave decisions will be taken subject to operational requirements. No

replacement is possible.

If the course of study is to be undertaken at an institution other than UWC the

employee should sign an undertaking that s/he will not resign from the University for

a period of one (1) year or a period equal to the length of the period of study leave,

whichever may be greater.

The University may grant an employee permission to resign within this period

provided that the employee would refund the total cost4 of the University financial

assistance that may have been granted

Rules Governing Study Leave:

◆To remain in the service of UWC for a period at least equal to the period of study

leave granted.

4 Total cost of the University will include, cost of study leave, cost of course and any other cost the University pays on behalf of the employee related to his/her studies.

Document Name Revision Date Page 16 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

◆ Should a staff member resign from the UWC before s/he had worked for the

required period, the staff member would refund the total cost of financial assistance on a pro rata basis. (EXAMPLE: If leave of twelve (12) months was granted and

the staff member worked for a period of six (6) months after returning from study

leave the total costs pertaining to the remaining six (6) months will have to be refunded.)

An employee who studies at UWC as a part-time student, while continuing to work

full-time, will likewise be required to sign an undertaking not to resign within the

prescribe period. The same provisions regarding any permission to resign will apply in terms of refunding the University in respect of tuition fees.

Unpaid Leave

Senior Management may grant unpaid leave to any permanent full-time employee

of the University. As unpaid leave has significant adverse implications for the

University, such leave may only be granted where:

• The employee has, as a result of illness, exhausted all his/her sick leave days and

a medical practitioner certifies that such employee will need a further period of

convalescence before s/he can resume his/her duties; or

• The employee intends to improve his/her formal academic qualifications and does

not have a sufficient number of leave days standing to his/her credit in order to

complete the qualification s/he has enrolled for; or

• Such leave being granted to an employee will serve the strategic interests of the

University.

Document Name Revision Date Page 17 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

• Unpaid leave may be granted for a maximum continuous period of 250 working

days at a time.

• Should an employee to whom the maximum of 250 working days of unpaid leave

has been granted wish to extend such period of leave, a new application for unpaid

leave must be submitted in terms of the leave policy.

• An employee on unpaid leave will be responsible for the full contribution to

selected benefits. On receiving the contribution from the employee, UWC will pay

it over to the relevant fund.

Special Leave

Management may grant special leave subject to such conditions as it may determine

from time to time. Special leave with full pay may be granted to an employee for

various reasons, inter alia:

a) Absence from duty as a result of segregation or isolation on medical

instruction if the employee has been in contact with a person who has

contracted or is suspected of having contracted an infectious or contagious

disease, provided that the granting of such special leave is subject to the

submission of a certificate by a registered medical practitioner indicating

the period of and reason for segregation or isolation;

b) If s/he is absent from duty as a result of his/her arrest or his/her

appearance in court on a criminal charge and s/he is subsequently

acquitted or the charge is withdrawn, for the period of detention and trial

only;

Document Name Revision Date Page 18 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

c) If s/he is subpoenaed to provide testimony in a court of law;

d) Attendance of workshops, conferences, seminars or training;

e) To write an examination at a higher education institution or to write any other examination that the Management may approve from time to time.

Special leave granted may include any period actually and necessarily occupied in

travelling for the purpose for which the leave is granted. All applications for special

leave must be submitted via the HR Web leave system, three (3) weeks before an

applicant is due to go on special leave.

Resignation of Employees

Immediately upon an employee giving notice of resignation, any leave granted may,

subject to the decision of the Line Manager, lapse with effect from the date of such

notice, or if the notice is undated from the date of receipt of the notice by the line

manager, and any leave applied for or absence from duty after that date may be

deemed to be leave without pay except in the case of sick or special leave.

If an employee who has retired from a permanent post, or who has relinquished a

permanent post for any reason whatsoever, is re-appointed in a temporary capacity,

with or without a break in service, such re-appointment shall be regarded as a new

appointment for all purposes of these rules.

General

Document Name Revision Date Page 19 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

Except for sick leave, application for leave must normally be made well in advance

of the intended commencement date of such leave.

Employees who are absent from work without having obtained prior written approval

for leave, except in the case of sick leave, will be deemed to be absent without leave

and may be disciplined for such conduct. Any unauthorised absence from work shall

be regarded as leave without pay, notwithstanding any disciplinary measures, which

may be instituted against such employee.

Notwithstanding any provisions in terms of any law or regulation made there under,

leave of absence as provided for in these rules cannot be claimed as of right and will

only be granted after considering the needs of the University. The granting of all

leave of absence is subject to approval by Management and leave already granted

may be withdrawn by it at any time. All leave, of whatever nature, whether with or

without pay, shall count for the purpose of salary increments.

Vacation, sick and study leave without pay, not exceeding fifteen (15) days in total

in a calendar month, shall count for the purpose of leave accrual.

Relevant Legal Framework

This policy is guided by legislation and complies with the following:

• Basic Conditions of Employment Act (BCEA), Act 75 of 1997 as amended;

• Labour Relations Act (LRA), Act 66 of 1995 as amended; Income Tax Act (ITA), Act 28 of 1997;

• UIF Act (UIA), Act 63 of 2001;

• Compensation for Occupational Injuries and Diseases Act (COIDA), Act 130 of 1993; and the

Document Name Revision Date Page 20 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

• Occupational Health and Safety Act (OHSA), Act 85 of 1993.

POLICY PROCEDURES

6.1. Annual Leave

The employee should discuss his leave with the HOD before applying for leave. Applications for annual leave must be submitted via the HR web leave system to the HOD.

6.2. Accumulative Leave for study purposes

Applications for study leave must be submitted on an (HR 14) via the HOD to the

Human Resources Committee (HRC) for approval.

6.3. Maternity Leave

Applications for maternity to be submitted via the HR web leave system and the relevant documentation, i.e. certificate of expected date of birth, must be uploaded via the web leave system and a copy must be submitted to the HOD for submission to HR.

Document Name Revision Date Page 21 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

6.4. Special leave

Applications to be submitted via the HR web leave system and the accompanying

documentation must be submitted to the HOD for submission to HR.

6.5. Sick leave

Applications must be submitted via HR web leave system and the sick certificate must be submitted to the HOD for submission to HR.

6.6. Paternity leave

Application must be submitted via the HR web leave system and the proof of birth

must be submitted to the HOD for submission to HR.

6.6. Family responsibility leave

Application must be applied for via the HR web leave system and the relevant proof

must be submitted to the HOD for submission to HR.

6.7. Study Leave

Study leave applications (HR14) must be submitted to the HOD by the end of October

of the previous year before the commencement of study leave. The Line Manager or

Dean will submit the application to the HR consultant for submission to the relevant

committee. A written application must be submitted to the HOD and s/he will submit

the application with a motivation to Senior Management. After approval by Senior

Management, the HR consultant will inform the HOD and the staff member of the Document Name Revision Date Page 22 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

outcome. The staff member will then proceed with the application on the HR web

leave system.

6.8. Unpaid leave

Applications for unpaid leave, together with all supporting documentation, must, in

the case of an Administrative and Support employee:

• Be lodged with his/her Line Manager;

• The Line Manager must submit such application (which must indicate the period

and number of days applied for), together with his/her recommendation in

writing, through the office of the Executive Director: Human Resources to the

relevant Committee;

• The decision of the Committee is reported to Council and conveyed to the applicant in writing.

REVISION CYCLE AND MAINTENANCE

Date of last review

The policy was last review in 2006 (refer C2006/01)

Date of last review:

The policy was amended in 2018 (refer C2018/6/12).

Document Name Revision Date Page 23 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

A copy of the Administrative and Support HR web leave system will be

available on the S-Drive for UWC employees.

Control reports:

The web leave audit trail will reflect all changes made on the web leave system

and will be checked and controlled by the Human Resources department.

Information reports

There is a need to design leave reports reflecting per employee and department the following:

• Leave available per leave type

• Leave taken per leave type per leave cycle

• Leave liability report

• Available leave per employee

• Absenteeism report

FUTURE TRAINING IN RESPECT OF POLICY

Consultants will be responsible to communicate all leave rules and processes

to the business.

TECHNOLOGY REQUIREMENTS

Leave is managed via the online HR leave system.

Document Name Revision Date Page 24 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

BIBLIOGRAPHY

• UWC’s Conditions of Service Manual

• Recognition Agreement

• Income Tax Act, Act 28 of 1997;

• UIF Act, Act 63 of 2001;

• Compensation for Occupational Injuries and Diseases Act (COIDA), Act

130 of 1993; and

• Occupational Health and Safety Act (OHSA), Act 85 of 1993.

• Basic Conditions of Employment Act (BCEA), Act 75 of 1997 as

amended;

• Labour Relations Act (LRA), Act 66 of 1995;

Annexure A: CRITERIA FOR CONSIDERING ADDITIONAL SICK LEAVE

In considering additional sick leave in terms of the leave policy for Administrative and Support employees the following may be taken into consideration:

• The nature of the employee’s illness

• The cause of the employee’s illness •

• History of sick leave pattern of the employee •

• The reasons which caused the depletion of sick leave credits •

• The nature of the employee’s work •

• The employee’s length of service at UWC •

• The personal circumstances of the employee

Document Name Revision Date Page 25 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ADMINISTRATIVE AND SUPPORT LEAVE	Reference Number	Council R88/7 Council R93
		Implementation Date	1988, 1993
		Revision / Amendment Number	C2006/1 C2018/6/12
		Revision / Amendment Date	2006, 2018

OPTIONS AVAILABLE TO EMPLOYER FOR CONSIDERATION

Where annual leave balance is in excess of the minimum annual leave requirements of the BCEA, such leave may be granted as sick leave.

Employees with long service records, who have accumulative leave to be paid out at retirement, may be allowed to utilize such leave at the sole discretion of the employer.

Where feasible, unpaid leave could be spread over a longer period taking into consideration the personal circumstances of the employee.

For short periods, employees may raise a loan against such deductions and pay it off over a period.

The University may also grant additional paid sick leave within the sick leave cycle in cases of merit.

All of the above is for consideration and the sole discretion of the employer and cannot be claimed as a right. In circumstances where the above is not feasible, unpaid sick leave will apply if approved.

INQUIRY: Notwithstanding the above, the University may at any stage hold an inquiry into the capacity of the employee to continue in the service of the University.

Document Name Revision Date Page 26 of 26

Admin & Supp Leave - current 2006

Approved by Council

(C 2006/1 on17 March 2006,

amended Dec 2018)

	UNIVERSITY OF THE WESTERN CAPE
	HR POLICY DOCUMENT ACADEMIC LEAVE POLICY FOR FACULTY OF DENTISTRY AND WHO ORAL HEALTH COLLABORATING CENTRE	Previous Reference Number	Council R88/7 & R93
		Implementation Date	1 January 2012
		Revision / Approval Number	C2011/04, C2018/6/12
		Revision / Approval Date	November 2011, December 2018

1. INTRODUCTION

1.1 The Faculty of Dentistry at UWC is involved in the management and administration of hospitals for the Provincial Administration of the Western Cape (PGWC) and the leave policies need to take cognisance of this responsibility.

1.2 The UWC remuneration policy for dentistry staff is aligned to the PGWC remuneration policy and approximately half of total staff remuneration costs are recovered by the university from PGWC.

1.3 Due to the PGWC relationships and clinical obligations, it is necessary to consider the PGWC leave and overtime policies and practices in the determination of a leave policy for the UWC Dentistry faculty.

1.4 As a result of the points outlined above, the Faculty of Dentistry leave policy needs to differ in certain respects from the leave policy for academic staff in other UWC faculties.

1.5 Due to the above, the faculty board made a recommendation that the current leave policy is aligned to the PGWC leave policy to have simplify the administration of leave for both sectors.

2. DEFINITION OF TERMS

Unless the context otherwise indicates:

“PGWC” Provincial Administration of the Western Cape

“Academic employees” refers to those employed by the Dentistry Faculty

at the university primarily to teach or to do

research.

“Management” Refers to the Management of the University of

the Western Cape and includes any committee of Management or employee of the University

mandated by Management to carry out Management’s functions in terms of these rules.

“Line manager” refers to an employee of the University to whom

another employee of the University has to report to and to whom he/she is accountable.

“Medical practitioner” refers to a person registered as such in terms of

the provisions of an Act of Parliament and

includes a so registered dentist or a so

registered traditional healer.

“Senior management” refers to the Rector, the Vice-rector or Vice-

rectors, as the case may be, the Registrar or

Registrars, as the case may be, the Executive

Director or Executive Directors, as the case may

be, and the Deans.

“Sick leave cycle” refers a period of three (3) years from a specific

date determined by UWC.

“Day” means working days and does not include

weekends and any public holidays.

3. CORE PURPOSE OF POLICY

The purpose of the Academic leave policy is to regulate leave processes and

benefits and to manage leave effectively and efficiently.

4. DENTISTRY LEAVE ALLOCATION

Unless otherwise indicated in the written contract of employment, an academic

employee of the Faculty of Dentistry at the University of the Western Cape is

entitled to the following leave days every calendar year or every leave cycle, as the

case may be, while he/she is in the continuous employ of the University:

4.1 Research leave (replacing Accumulative leave)

Council may grant research leave to permanent and temporary full-time

academic employees for such studies or research as Council may approve

from time to time.

Research leave is not granted as a right, but as a privilege and has as its

main objective to enable academic employees to improve their

qualifications, to carry out research and /or to publish their research finding.

Unless Council otherwise decides, an employee applying for research leave

must normally have completed a period of at least six (6) years of

continuous employment at the University from the date of his/her

appointment as an employee before he/she may be granted two (2)

continuous academic semesters research leave; provided that any

conditions, e.g. with respect to replacement, budget, research programme,

etc., laid down by Council from time to time have been met.

Employees intending to improve his/her formal qualifications relevant to their

field of expertise, lecturing and/or research, may after a period of

three (3) years of continuous employment at the University from the date of

his/her appointment as an employee; be granted one (1) semester research

leave; provided that any conditions, e.g. with respect to replacement,

budget, research programme, etc., laid down by Council from time to time

have been met.

Thus, Research leave with full pay up to a maximum of twelve (12) months,

and thereafter upon application and approval of an application for a further

period of research leave, such further research leave without pay for a

period not exceeding twelve (12) months, may be granted at the discretion

of Council.

If a research period of three (3) continuous years is required at a recognised

higher education or research institution abroad, Council in its sole discretion

may grant research leave for such period with or without pay and on such

conditions it may deem fit.

Recess periods falling within a period of research leave and are preceded

and succeeded by research leave without pay, shall be regarded as leave

without pay. Normal Senate Research committee processes (as current) will

apply.

4.2 Accumulative Leave

Accumulative leave for the academic staff at the Faculty of Dentistry will be

replaced by Research leave. Current accumulative leave credits will be

banked as at 31 December 2011 to be paid out at retirement in the following

manner.

4.3 Pay out of Accumulated Leave at Retirement

When an employee reaches retirement age and he/she decides to retire and

Management has granted the required approval, the University will, unless

indicated otherwise by law, pay out to such employee their accumulative

leave days. The maximum number of accumulative leave days to be paid

out is the following:

a) Academic employees appointed before 1 January 1999: a

maximum of 365 days.

b) Academic employees appointed after 1 January 1999: a maximum

of 90 days.

4.4 Vacation Leave

Employees who have more than 10 years service qualifies for 26 working days per annum

Employees who have less than 10 years service qualifies for 22 working days per annum

4.5 Sick Leave

Employees qualify for 36 working days for a three year cycle. (Additional leave may be granted for extended period to be approved by Senior Executive committee)

4.6 Special Leave

Special leave with full pay may be granted to an employee:

a) To write an examination at a higher education institution or to write

any other examination that the Management may approve from time

to time;

b) If he/she is absent from duty as a result of segregation or isolation on

medical instruction if he/she has been in contact with a person who

has contracted or is suspected of having contracted an infectious or

contagious disease, provided that the granting of such special leave

is subject to the submission of a certificate by a registered medical

practitioner indicating the period of and reason for segregation or

isolation;

c) If he/she is absent from duty as a result of his/her arrest or his/her

appearance in court on a criminal charge and he/she is subsequently

acquitted or the charge is withdrawn, for the period of detention and

trial only;

d) If he/she is subpoenaed to provide testimony in a court of law; and

e) If, as a permanent academic employee, he/she attends any class of

instruction or course for lectures or any expert congress, conference

or symposium approved by Management.

Special leave granted may include any period actually and necessarily

occupied in travelling for the purpose for which the leave is granted.

Special leave may be granted for a period not exceeding two (2) months per

academic year to academic employees for visits to universities abroad with

which this University have established formal exchange linkages.

Management may grant special leave subject to such conditions as it may

determine from time to time.

All applications for special leave must be submitted via the web leave

system and the necessary documentation, must be submitted, normally

least three weeks before an applicant is due to go on special leave, to the

Dean or Line Manager for approval whereby the Dean or Line Manager will

forward the documents to the Human Resources Office.

The Department of Human Resources will submit monthly reports to the

Executive Committee of Senate for its information with respect to academic

employees on special leave, stating the relevant particulars (name,

department, period, nature of conference, etc.).

4.7 Parental Leave

I. Maternity leave

Full-time employees, whether permanent or contract, qualify for

maternity leave, provided that only those employees who have been in

the employ of the University for at least twelve (12) months will qualify

for maternity leave with full pay.

Employees qualify for four (4) months maternity leave at full pay.

Applications for maternity leave should be made at least four (4) weeks

in advance and should be accompanied by a certificate from a

registered medical practitioner detailing the expected date of

confinement.

II. Parenting Partner leave

An employee who becomes the parent of a newborn or an adopted child

below the age of two (2) years of age may, on application, be granted

parental leave on full pay for a maximum period of ten (10) consecutive

working days, to be taken within thirty (30) calendar days of the birth or

adoption of the child.

III. Adoption leave

An employee who becomes the parent of an adopted child below the age

of two (2) years of age will be entitled to the same benefits as other

employees who become biological mothers (Maternity leave), provided

that in the case of adoption, the employee is only entitled to the parental

leave after adoption.

The following will apply if both parents are UWC staff members:

1) Only one staff member will be eligible for Parental leave;

2) The other staff member will be eligible for Parenting Partner leave as

per section 4.7 (ii).

IV. Commissioning Parental Leave

An employee, who is a commissioning parent in a surrogate motherhood

agreement is, entitled to:

(a) Commissioning parental leave of at least ten weeks consecutively; or

(b) The Parenting Partner leave referred to in section 4.7 (ii).

4.8 Childcare facilities

The University is committed to the concept of the provision of childcare

facilities although it is recognised that it may not be financially possible to

provide an all-encompassing facility.

4.9 Family Responsibility Leave

Granting of Family Responsibility leave

Employees shall be granted a maximum of 5 days family responsibility

leave per annual leave cycle for utilisation should:

a) The employee’s spouse or life partner give birth to a child, or

b) The employee’s dependant child, spouse or life partner is ill.

(If an employee must take his/her dependent child to a social

worker/psychologist – this can be seen as family responsibility leave – if

sufficient proof is submitted)

NOTE 1: A life partner is someone who lives with the employee and

shares his/her life with the employee. This includes the so-

called common law wife or husband and the employee’s same

sex partner.

NOTE 2: A dependant child is defined as:

• A child under 18 years of age or

• A child permanently incapacitated by reason or physical of

mental infirmity and unable to maintain himself/herself

NOTE 3: Instances that are NOT classified as a dependant child for

family responsibility leave purposes

• An employee who fosters a child

• An employee who takes on the responsibility for his/her

sibling as the parents have passed away

• Children who are not legally adopted

Employees shall be granted a maximum of 5 days leave per annual leave

cycle for utilisation if:

a) The employee’s child, spouse or life partner dies, or

b) The employee’s immediate family member dies

NOTE 4: Immediate family member is the employee’s parent, adoptive

parent, grandparent, child, adopted child, grandchild or sibling

(brother or sister).

The total number of family responsibility leave days taken (for illness as well

as death) shall not exceed 5 days in an annual leave cycle.

NOTE 5: Please note that the employee on applying for family

responsibility leave must submit reasonable proof of the event

for example a certificate for attending a clinic will be

acceptable proof of attendance.

Family responsibility leave not utilised at the end of a year shall lapse.

Annual leave cannot be converted to family responsibility leave even if

proof is submitted, for example an employee’s child becomes ill while

the employee is on annual leave and his/her child has to be taken to

hospital. (Annual leave can only be converted to sick leave subject to

the provision of a medical certificate.)

NOTE 6: Family responsibility leave must be managed responsibly and

the qualifying criteria must be adhered to by Head of

Department’s at all times.

Family Responsibility NOT applicable

Examples of episodes where Family Responsibility leave is not granted are:

a) The employee’s parent, adoptive parent, grandparent, grandchild or

sibling is ill.

b) An employee has an appointment with his/her child’s school principal or

must attend a function relating to the child’s school or church activities.

c) A crèche is not open and the parent stays at home to take care of the

child.

d) When an employee has already utilised 3 days family responsibility

leave for a sick child and an application is submitted later in the year for

family responsibility leave due to his/her spouse being ill.

e) Special leave for 3 days may not be granted to an employee to

accompany his biological brother for initiation purposes.

f) When and employee’s under-age (under 18 years old) daughter gives

birth.

6. RELEVANT STATUTE AND COMPLIANCE

This is an internal process guided by the Basic Conditions of Employment Act.

All UWC employees should comply with the Policy because non-compliance will

have a direct impact on the performance of staff at UWC.

Statutory Compliance includes compliance with:

• Basic Conditions of Employment Act (BCEA), Act 75 of 1997 as amended;

• Labour Relations Act (LRA), Act 66 of 1995 as amended;

• Income Tax Act; and

• UIF Act.

Leave is managed via the online HR leave system.

7. REVISION CYCLE AND MAINTENANCE

• Date of last review: This policy was last reviewed in 1993 (Refer Council

documents R88/7 & R93)

• Title and details of the reviewer: Reviewed and approved by Council (Refer

Council documents C2011/04)

• Date of last review: Amendments reviewed and approved by Council in

December 2018 (refer C2018/5/12).