03/11/2026
As the festive season approaches, annual leave becomes a common source of disagreement in the workplace.
Employees may want to choose their own leave dates, while employers need to maintain business operations, manage staffing requirements and accommodate December shutdowns.
But who gets the final say?
Under South Africa's Basic Conditions of Employment Act (BCEA), the timing of annual leave should be determined by agreement between the employer and employee.
Where no agreement exists, the employer may determine when leave is taken, subject to the requirements of the BCEA and any applicable contractual or collective agreement provisions.
Employers should also remember that:
Employees are entitled to a statutory minimum amount of annual leave.
Annual leave must be granted within the prescribed period.
Public holidays that fall on days employees would ordinarily work during their annual leave must be treated in accordance with the BCEA.
Employers generally cannot substitute payment for statutory annual leave while employment continues.
While the law provides a framework, clear communication remains essential.
Employers should communicate leave arrangements early, apply policies consistently and ensure employees understand how their leave entitlements will be managed.
Good year-end planning should prevent disputes, not create them.
