Annual leave

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asked on Sep 22, 2015 at 16:54
Good morning,

I ran into problem with my employer. I want to take annual leave of three days in October. I am working since June. In my contract it is written:

"You are entitled to 12 (twelve) working days of leave (pro-rated) which should be taken during the school break. Leave cannot be taken during the regulated weeks designated for school and training."

To make things clear I am working as a teacher cum IT technician and the days I want to get leave are during school break. But when I went to HR they couldn't explain why I cant take annual paid leave. They said that it is in schools's policy that only after six months period I will be allowed to do that. But I did not sign such policy I signed contract which doesn't say anything about these six months. What would be you advise on this matter?
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answered on Sep 22, 2015 at 19:30
@ thedon

Not tendering any advice but my personal opinion.

But I did not sign such policy I signed contract which doesn't say anything about these six months
In the absence of such terms, revert back to Basic Employment Laws that protect employees.
After the completion of 12 months an employee is entitiled to 12 days annual or otherwise stated or implied.
In short, if the school cutoff date is 31/12/2015 for pro-rated annual leave, you can only start taking PAID annual leave wef from 01.01.2016
Since the school now have policy for after 6 months completion, you may have to accept it.
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answered on Oct 11, 2015 at 02:14
You are entitled to annual leave which would be pro rated. The Company cannot unilaterally impose conditions that you can only take annual leave after 6 months.
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