Personnel administrative measures (pam)




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^ 9 TEMPORARY INCAPACITY LEAVE

9.1 An educator who has exhausted her or his sick leave credit in a three-year cycle and who, according to the relevant medical practitioner, requires to be absent due to incapacity that is not permanent may be granted additional sick leave with full pay.

9.2 Such a condition must have been certified in advance by the attending medical practitioner as a temporary incapacity except where conditions do not permit.

9.3 The Head of Department may require the educator to obtain a second opinion before granting approval for additional sick leave. Expenditure in this regard will be met from the departmental budget.

9.4 The Head of Department may grant a maximum of 30 consecutive working days leave with full pay during which period an investigation must be conducted into the nature and extent of the incapacity. The investigation shall be conducted in accordance with item 10(1) of Schedule 8 of the Labour Relations Act, 1995.

9.5 On the basis of medical evidence, the Head of Department may approve the granting of additional sick leave days on conditions that she or he shall determine.

9.6 If the educator is of the view that she or he has been unfairly treated as regards the granting of additional sick leave, she/he has the right to follow the grievance procedure and the relevant dispute resolution procedures in order to settle the matter.

^ 10 PERMANENT INCAPACITY

10.1 Educators whose degree of incapacity has been certified by a competent medical practitioner as permanent shall, with the approval of the Head of Department, be granted a maximum of 30 working days paid sick leave, or such additional number of days required by the employer to finalise processes mentioned below.

10.2 The employer shall, within 30 working days, ascertain the feasibility of:

10.2.1 Alternative employment; or

10.2.2 Adapting duties or work circumstances to accommodate the educator.

10.3 An educator, whose degree of incapacity has been certified as permanent but who can still render a service, may, in terms of the applicable measures, be redeployed horizontally with retention of her or his benefits.

10.4 If the redeployment necessitates reallocation to a job of a lower grading, such action should be explained well in advance and the continued utilisation of such an educator should, in this regard, be with her or his consent.

10.5 In instances where the educator’s redeployment entail retraining, the employer shall take requisite resources (time and financial) and potential returns into consideration before approving redeployment.

10.6 The redeployment of an educator’s services should ensure the optimal utilisation of her or his competencies and should not compromise service delivery.

10.7 If the employer or the educator is convinced that the educator will never be able to render an effective service at her or his level or rank, the educator may proceed with an application for termination of service due to ill health.

^ 11 LEAVE FOR OCCUPATIONAL INJURIES AND DISEASES

11.1 Educators who, as a result of their work, suffer occupational injuries or contract occupational diseases, shall be granted occupational and disease leave for the duration of the period they cannot work.

11.2 If an educator suffers a work-related injury as a result of an accident involving a third party, the Head of Department shall grant her or him occupational injury leave provided that the educator:

11.2.1 Brings a claim for compensation against the third party.

11.2.2 Undertakes to use compensation (in terms of the Compensation for Occupational Injuries and Diseases Act of 1993) received to recompense as far as possible for the employer’s contribution to the cost arising from the accident.

11.3 The Head of Department shall take reasonable steps to assist an educator to claim compensation according to sub-paragraph 11.2 above.

^ 12 SPECIAL LEAVE FOR QUARANTINE PURPOSES

12.1 Special leave with full pay may be granted to an educator who has been exposed to a medical condition that requires such person to be placed under quarantine.

12.2 Application for such leave must be accompanied by a certificate from a medical practitioner stating the period of quarantine as well as the reasons necessitating such leave.

^ 13 MATERNITY LEAVE

13.1 An educator is entitled to 4 consecutive months’ maternity leave on full pay to commence at least 14 days prior to the expected date of birth but not later than the actual date of birth in a case of a premature confinement.

13.2 Maternity leave may be extended upon application by one or more of the following:

13.2.1 the granting of sick leave as a result of a medical complication;

13.2.2 the granting of up to 184 consecutive days unpaid leave; and

13.2.3 the granting of annual leave, including leave accrued in terms of paragraph 5.1, if applicable.

13.3 An Educator who experiences a miscarriage, still birth or termination of the pregnancy after starting paid maternity leave, shall be eligible for six consecutive weeks paid maternity leave, where-after sub-paragraph 13.2.1 shall apply in the event of a medical complication.

13.4 For at least six weeks after the birth, no educator may commence with normal official duty unless the attending practitioner certifies that the educator is fit to do so.

13.5 Where it is practically feasible and subject to paragraph 13.4, an employer may allow an educator to interrupt her maternity leave by letting her return to work temporarily if the baby is hospitalised for a period longer than a month during the maternity leave due to premature birth or illness.

^ 14 ADOPTION LEAVE

14.1 An educator who adopts a child that is younger than two years, qualifies for adoption leave to a maximum of 45 working days where-after sub-paragraphs 13.2.2 and 13.2.3 shall apply.

14.2 If both spouses or life partners are employed in the Public Service, both partners qualify for adoption leave provided that the combined leave taken does not exceed 45 working days.

^ 15 FAMILY RESPONSIBILITY LEAVE AND SPECIAL LEAVE FOR URGENT PRIVATE AFFAIRS

15.1 An educator shall be granted 3 working days leave per annual leave cycle if:

15.1.1 the educator’s spouse or life partner gives birth; or

15.1.2 the educator’s child, spouse or life partner is sick.

15.2 An educator shall be granted 5 working days leave per annual leave cycle if:

15.2.1 the educator’s child, spouse or life partner dies; or

15.2.2 the educator’s immediate family member dies.

15.3 An institution-based educator may, during a scheduled working period, be granted special leave to attend to: an urgent private matter, the nature of which is such that it warrants such an educator’s absence from work.

[Para. 15.3 amended by G.N. No. 244 of 2002 published in Government Gazette No. 23187 dated 1 March 2002.]

15.4 The number of leave days taken in terms of sub-paragraphs 15.1 and 15.2 shall, in respect of an office-based educator, not exceed five working days in an annual leave cycle.

15.5 The number of leave days taken in terms of sub-paragraphs 15.1 to 15.3 shall, in respect of an institution-based educator, not exceed 12 working days in an annual leave cycle.

15.6 An educator who has used all his or her leave in respect of subparagraphs 15.1 to 15.3 may apply to:

15.6.1 Use available annual leave, including leave accrued in terms of paragraph 5.1; or

15.6.2 Use up to 184 calendar days of unpaid leave.

^ 16 SPECIAL LEAVE FOR PROFESSIONAL AND PERSONAL DEVELOPMENT AND FOR RELIGIOUS OBSERVANCES

16.1 Special leave with full pay may be granted to an institution-based educator

(a) to engage in activities aimed at his or her professional development;

(b) to engage in activities aimed at his or her personal development where such personal development is also in the interest of the employer; or

(c) for a religious observance.

16.2 The total number of leave days granted to an institution-based educator in terms of paragraph 16.1 may not exceed 3 working days per annual leave cycle.

^ 17 SPECIAL LEAVE FOR STUDY PURPOSES

17.1 Special leave may be granted to an educator for an approved course of study and for a period approved by the employer, on conditions as approved by the employer, including leave with full or partial pay or without pay.

17.2 If special leave with full or partial pay for study purposes is granted to an educator in terms of sub-paragraph 17.1 the employer may call for periodic progress reports in respect of the educator’s studies and such educator shall enter into an agreement with the employer in a form approved by the employer in terms of which he or she undertakes to serve the employer immediately after completion of the period of special leave for study purposes for a period (hereinafter referred to as the service period) equal to at least the period for which special leave for study purposes on full pay has been granted to him or her, or for a service period proportional to the person’s pay during the period of special leave for study purposes, as the case may be.

^ 18 SPECIAL LEAVE FOR EXAMINATION PURPOSES:

An educator may be granted special leave for examination purposes with full pay for each day on which such educator sits as a candidate for an examination approved for this purpose by the employer plus one additional day of special leave for study purposes for each such day of examination which may be taken on the working days immediately prior to the days of examination.

^ 19 SPECIAL LEAVE FOR PARTICIPATING IN SPORTING, CULTURAL AND OTHER EVENTS

Special leave for a period and on conditions approved by the head of a department, in terms of policy of such department, may be granted to an educator for participating in sports, cultural, local council and other relevant activities. Participation for which leave may be granted may include representation of the country, province or other comparable level as an actual participant, referee, adjudicator, course or group leader, or for participating in or attending a relevant conference, meeting or other event approved for this purpose by the employer.

^ 20 SPECIAL LEAVE IN EXTRAORDINARY CIRCUMSTANCES

20.1 Subject to section 14 of the Act and notwithstanding any disciplinary measures that may apply, unauthorised absence by an educator shall be regarded as special leave in extraordinary circumstances and shall be without pay unless the employer in a specific case determines otherwise.

20.2 If, in the opinion of the employer, circumstances justify it, it may grant or place an educator on special leave in extraordinary circumstances for any reasonable purpose and for any reasonable period, and such leave shall be without pay unless the employer determines otherwise.

^ 21 UNPAID LEAVE

21.1 If an educator has utilised all her or his accrued annual leave, the Head of Department may grant her or him unpaid leave up to a maximum of 184 consecutive days.

21.2 Absences from work due to arrest, imprisonment or appearance in court on a criminal charge that leads to a conviction must be recorded as unpaid leave.

^ 22 UNPAID LEAVE FOR CONTINUITY OF SERVICE

22.1 Unpaid leave for a maximum of 120 consecutive days may be granted to an institution-based educator who was previously employed as an institution-based educator by the same or another education department for the purpose of retaining the continuity of the educator’s service.

22.2 The unpaid leave shall commence on the day immediately following the date on which the educator last received salary from his or her previous employer and shall expire on the day preceding the date of assumption of duty with the present employer.

22.3 The limitation of 120 days referred to in sub-paragraph 22.1 shall not apply to an educator in cases where the period concerned extends from the day immediately following the last day of a term to the day immediately preceding the first day of the term after a full term has elapsed.

22.4 Where unpaid leave for continuity of service has been granted to an educator, the service of the educator is regarded as continuous for all purposes of determining his or her period of service.

[Chapter J inserted by G.N. No. 1400 of 2001 published in Government Gazette No. 22961 dated 19 December 2001.]

ANNEXURES

^ AGREEMENT SPECIAL LEAVE FOR STUDY PURPOSES

1. I,_____________________________________(full name) hereby undertake towards the head of the education

department of

_________________________________________________________________________________________

(name of education department)

immediately after expiry of the period of special leave for study purposes granted to me in terms of general education policy for the period

____________________________________________ to ____________________________ ,

to serve in an education department (hereinafter referred to as my service obligation) for a continuous period of

_____________________________ days.

2. I hereby further undertake, during this leave, periodically and as determined by the head of my education department to obtain progress reports in respect of my study courses from the institution at which I am studying and to submit such reports to the head of my education department, and I understand that he retains the right on the basis of such progress reports to instruct me to resume service immediately and to renounce the privileges of this leave granted to me and to convert such leave into vacation leave or special leave in extraordinary circumstances and in the latter case to recover any excess payment from me which might have occurred as a result thereof, and to transfer such payment to the education department with which this contract has been concluded.

3. I hereby declare that I understand that authorised leave with full or partial pay normally counts as service towards the fulfilment of my service obligation and that, if leave without pay is granted to me before my service obligation is fulfilled, my service obligation will be extended by the number of days equal to the periods for which leave without pay was granted to me.

4. I hereby further undertake, if in any manner whatsoever, except in the event of my death, or as a result of my permanent disability not caused by me, fail to fulfil this agreement fully, irrespective of whether such failure is the result of discharge owing to misconduct, to immediately repay on written request the service bonus and salary which I received during the above-mentioned period of special leave for study purposes on a pro rata basis together with the interest thereon at the interest rate as prescribed in the Financial Hand Book of the Department of Finance, calculated from the date of breach of contract, to the education department with which this contract has been concluded.

Signed at_____________________________this____________day of__________________19_____

Signature of Educator_______________________________

WITNESSES:

1.  _______________________________________

2.  _______________________________________

^ AGREEMENT: SPECIAL LEAVE FOR MILITARY TRAINING

1. I,_____________________________________(full name) hereby undertake towards the head of the education

department of

_________________________________________________________________________________________

(name of education department)

immediately after expiry of the period of special leave for study purposes granted to me in terms of general education policy for the period

____________________________________________ to ____________________________ ,

to serve in an education department (hereinafter referred to as my service obligation) for a continuous period of

_____________________________ days.

2. I hereby declare that I understand that authorised leave with full or partial pay normally counts as service towards the fulfilment of my service obligation and that, if leave without pay is granted to me before my service obligation is fulfilled, my service obligation will be extended by the number of days equal to the periods for which leave without pay was granted to me.

3. I hereby further undertake, if in any manner whatsoever, except in the event of my death, or as a result of my permanent disability not caused by me, I fail to fulfil this agreement fully, irrespective of whether such failure is the result of discharge owing to misconduct, to immediately repay on written request the service bonus and salary which I received during the above-mentioned period of special leave for military training on a pro rata basis together with the interest thereon at the interest rate as prescribed in the Financial Hand Book of the Department of Finance, calculated from the date of breach of contract, to the education department with which this contract has been concluded.

Signed at_____________________________this____________day of__________________19_____

Signature of Educator_______________________________

WITNESSES:

1.  _______________________________________

2.  _______________________________________
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