PART FIVE LEAVE CHAPTER ONE ANNUAL LEAVE
76. General
1/ An agreement by a worker to waive in any manner his
right to annual leave shall be null and void.
2/Unless otherwise provided in this Proclamation, it is
prohibited to pay wages in lieu of the annual leave.
77. Amount of Annual Leave
1/A worker pursuant to this Article shall be entitled to
uninterrupted annual leave with pay. Such leave shall in no case be less than:
a) Sixteen (16) working days for the first year of
service;
b) Sixteen (16) working days plus one working day for
every additional two years’ service.
2/ The wage a worker receives during his annual leave
shall be equal to what he would have received if he had continued to work.
3/For purpose of determining the qualifying period of
service required for the entitlement of an annual leave, 26 days of service in
an undertaking shall be deemed to be equivalent to one month of employment.
4/A worker whose contract of employment is terminated
pursuant to this Proclamation shall be entitled to his pay for the leave he has
not taken.
5/Where the length of service of a worker is below one
year, the worker shall be entitled to an annual leave proportional to the
length of his service.
78. Granting of Leave
1/A worker shall be granted his first annual leave after
one year of service and his next and sub sequent annual leave in the course of
each calendar year.
2/ An employer shall grant a worker his leave in
accordance with a leave schedule in the course of the calendar year in which it
becomes due.
3/ The leave schedule referred to in Sub-Article
(2) of this Article shall be drowned up by the employer
with due regard as far as possible to:
a) the interest of the worker; and
b) the need for maintaining the normal operation of the
undertaking.
79. Dividing and Postponing Annual Leave
1/ Notwithstanding the provisions of Article
77(1) of this Proclamation, if a worker requests and the
employer agrees, his leave may be granted in two parts.
2/ Annual leave may be postponed when the worker
requests and the employer agrees.
3/An employer may, for reasons dictated by operational
requirements of the undertaking, postpone the leave of a worker.
4/ Any leave postponed in accordance with Sub-
Articles (2) and (3) of this Article shall not be
postponed for more than two years.
5/ Where a worker on annual leave falls sick and
required medical treatment as inpatient, his annual leave shall be suspended
and his sick leave pursuant to Articles 85 and 86 of this Proclamation shall
commence.
80. Recalling of Worker on Leave
1/ A worker on annual leave may be recalled only where
unforeseen circumstances required his presence at his job duties.
2/ A worker who is recalled from leave shall be entitled
to a payment covering the remainder of his leave excluding the time lost for
the trip.
3/ The employer shall cover the transport expenses and
per-diem incurred by the worker as a direct consequence of his being recalled.
CHPTER TWO SPECIAL LEAVES
81. Leave for family events
1/ A worker shall been titled to leave with pay for
three working days where;
a) He concludes marriage; or
b) His spouse, descendants, ascendants, brother, sister,
uncle, aunt relative whether by consanguinity or affinity dies entitled 3
working days leave with pay.
2/ A male employee shall be entitled to three consecutive
days paternity leave with full pay
3/ A worker shall be entitled to leave without pay for
up to five consecutive days in the case of exceptional and serious events.
However, such leave may be granted only twice in a budget year.
82. Union Leave
Trade union leaders
shall been entitled
to leave with pay
for the purpose
of presenting cases
in labour disputes, negotiating
collective agreements,
attending union meetings, participating in seminars or
training courses. The manner of granting
such leave may be
determined by collective agreement.
83. Leave for special purpose
1/ A worker who appears at hearings before bodies
competent to hear labour disputes or to enforce labour laws shall be granted
leave with pay only for the time utilized for the said purpose.
2/ A worker shall be granted leave with pay for the
purpose of exercising his voting rights or discharging his obligation as a
witness before judicial or quasi-judicial organs.
3/ The manner in which educational or training leave is
to be granted and the form and extent of the financial assistance to be
provided may be determined in a collective agreement or work rules.
84. Notification
A worker wishing to take leave in accordance with the
provisions of this Chapter shall notify the employer in advance and present the
necessary supporting evidence whenever the employer requests him.
CHAPTER THREE
SICK LEAVE
85. Duration of Leave
1/Where a worker, after having completed his probation,
is rendered incapable of working due to sickness other than employment injury,
he shall be entitled to a sick leave.
2/ The leave referred to in Sub-Article (1) of this
Article shall, in no case, be more than six months counted consecutively or
separately in the course of any twelve months’ period starting from the first
day of his sickness.
3/ Where a worker absents himself from work due to
sickness, he shall, except where the employer is in a position to be aware of
the sickness or it is impractical, notify the employer on the day following his
absence.
4/ Without prejudice to stipulations in collective
agreement or work rules, a worker shall be entitled to sick leave up on
presenting a valid medical certificate issued by a duly recognized medical
facility.
86. Payment
The period of sick leave provided for in Article 85
shall be granted to a worker in the following manner:
1/ For the first one month, with payment of
100% of his wages;
2/ For the next two months, with payment of 50% of his
wage;
3/ For the next three months, without pay.
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