Giving Written Notice whilst on Annual Leave, Sick Leave, Maternity Leave or Family Responsibility Leave

In terms of Section 37 of the BCEA Notice of termination of employment, when given by the employer, must not be given during any period of leave to which the employee is entitled in terms of chapter 3 of the Act, and may not to run concurrently with any period of leave to which the employee is entitled, except sick leave.

An employee has the right to give notice of termination of employment during a period of leave. However, there are a few factors to consider.

Firstly, the notice period should comply with the terms stated in the employment contract or collective bargaining agreement, if applicable. These terms usually specify the required notice period for termination.

Additionally, it’s important to consider the type of leave the employee is taking. If the employee is on statutory leave, such as annual leave or sick leave, they can still give notice during this time. However, if they are on special leave, such as maternity leave or family responsibility leave, there may be specific rules governing the termination of employment during such leave.

It’s advisable for both the employee and the employer to consult the employment contract, applicable labour laws, and any relevant policies or agreements to ensure that the termination process is conducted in accordance with the law and the terms provided.

In South Africa, both the employer and the employee have certain rights and responsibilities when it comes to termination of employment during maternity leave.

An employee on maternity leave is protected by the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA). These acts provide guidelines to protect the rights of employees, including those on maternity leave. According to the BCEA, an employer cannot give notice of termination of employment to an employee during her maternity leave period, unless there is a valid reason unrelated to the employee’s pregnancy or maternity leave.

Similarly, an employee on maternity leave cannot give notice of termination of employment during the maternity leave period, as the purpose of this leave is to provide the employee with uninterrupted time to recover from childbirth and care for her newborn.

However, it’s important to note that after the maternity leave period is over, normal rules regarding notice periods and termination of employment will apply. Either party can initiate the termination process under the usual employment laws and regulations.