Dear PMSL:
If an employee is entitled to a certain amount of vacation time - must they accrue this vacation time before it can be taken?  Are there any laws stipulating this?

PMSL's Response:
Annual Leave is earned in terms of twelve (12) month cycles i.e for each month worked in a twelve (12) month period, the employee accrues 1/12 of his entitlement.  The right to take the leave is accrued each year and most companies would require employees to work for 12 months before being able to take the first period of vacation leave.  Thereafter, it is mutually decided,  subject to the demands of the organization and the wishes of the employee and so there may be variations such as not taking the entire entitlement at the same time.

Annual Leave (unlike Extended Sick Leave) is an entitlement not just a benefit for which one is eligible to apply.  It is a property right and is therefore protected by our Constitution.  One can not be deprived of it except by due process of the law.  Thus, in cases of termination of the employment contract for whatever cause, the employee’s earned vacation leave on a pro rata basis is ensured.

As far as legislation is concerned, there is no specific law regarding the overall right to paid leave or a statutory minimum.  The Minimum Wages Act however does grant that entitlement to workers in the categories it covers and the amount of leave specified in the Minimum Wages Orders is used by most organizations as a guideline.