PART FIVE LEAVE CHAPTER ONE ANNUAL LEAVE
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.
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.
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.
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.