# Regulatory Compliance Category > Labour Relations and Legislation Forum > [Question] LEAVE PAY CALCULATION

## pedrob

Hi all, been a while since i last posted something, and guess what? i have a little scenario again!!
I have an employee and lets say for easy calculation methods she earns R10.00 per hour.

Questions are as follows:
1 - What amount of leave pay are we looking at?...she works from Mondays to Saturdays at 45 hours per week.
2 - What happens if her leave period has a public holiday in it?


My calculation would be as follows: 10.00 x 45 = 450.00 x 3(weeks) = R1350.00


Secondly i would grant her 21 consecutive days and an extra day for the public holiday.

Is this correct?





Thanks in advance :Yes:

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## Justloadit

Depending on what industry you are in, the calculations may differ.

Some industries you have to be at the same employer for more than 5 years to get 21 days.

But yes any public holidays in the leave period, increases the return date by that day.Not forgetting if the public holiday falls on a weekend, it still means an extra day.

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## adrianh

Ok, seperate issues;

1. You have to give her 21 consecutive days.
2. You have to pay her for public holidays.

I would give her 21 days and pay her appropriately for the public holiday. 21 consecutive days means just that, 21 consecutive days. Think about it, if what you were saying is true then if people were to take leave over easter they would end up scoring a very very long holiday. This is why the 21 consecutive rule was made. The fact that her leave and the public holiday overlaps is compensated by you paying it out.

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## CLIVE-TRIANGLE

Actually the law prescribes the opposite; 

"An employer must grant an employee an additional day of paid leave if a public holiday falls on a day during an employees annual leave on which the employee would ordinarily have worked."

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## adrianh

I stand corrected.

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## pedrob

thanks for the responses....

so can you please help me with my calculation then, if she earns R10.00 per hour, how would i calculate it? per day @ hours x 22 days??

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## sterne.law@gmail.com

Calculations, strictly speaking are done based on working days, i.e. 6 day week. leave is then calculated at 18 days and the 3 OFF days are added to give 21 consecutive days
45 hrs X R10 = R450 per week
Daily = R450 / 6 (working days) = R75 p day
18 working days X R75 = *R1350-00*
Calculated the other way:
R450 per week 
Daily = R450 / 7 = R64.29
R64.29 X 21 days = *R1350*

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pedrob (29-Aug-12)

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## Franb

Hi there

My first question to you would be - Is this employee leaving?  Is thst why you are wanting to calculate leave?  Or are your employees paid "leave pay"  when they go on leave.

Depending on the conditions of employment that he / or she was employed on (what does the letter of appointment say?) The BCEA states the following on leave:

An employee is either entitled to 15 working days leave,  or 21 consecutive days leave.  Either way and simply put,  it equates to 3 weeks.  It would be easier to give your employee 21 days consecutive days leave, which means you "count" Monday to Sunday = 7 days. However,  if the Wednesday for example is a Public holiday,  then you would only count 6 days leave taken and not 7, as employees are entitled to Public Holidays anyway

Leave pay is not simply calculated on the daily rate, but needs to include all Company contributions, etc.

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## Garf

@Justloadit - are you saying that if a public holiday falls on a Sunday you get an extra days leave? If you were working normally you would not get extra pay (except that these days they make the Monday the public holiday so it would apply) So the same thing would apply with a Saturday, for normal 5 day a week employees?

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## Franb

> @Justloadit - are you saying that if a public holiday falls on a Sunday you get an extra days leave? If you were working normally you would not get extra pay (except that these days they make the Monday the public holiday so it would apply) So the same thing would apply with a Saturday, for normal 5 day a week employees?



If an employee usually works on a Sunday (Shift worker) and the Sunday is a public holiday, then the employee will work normally due to the fact that the Public holiday moves to the Monday.  If the employee then works on the Monday (which is in fact then the public holiday) then, depending on your contract of employment,  the employee will either be entitled to a day off in lieu of the Public holdiay day worked, or be paid for that day at x2 ordinary rate of pay.

If an employee usually works on a Sunday (Shift worker) and is scheduled to work on a Sunday, the BCEA says that employee be paid for that day at 1.5 x ordinary rate of pay.


If an employee only works Monday to Friday and never usually on a Saturday, then the employee would be entitled to 1.5 x ordinary rate of pay for that Saturday.

Hope this makes more sense.

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## CLIVE-TRIANGLE

It is only when a public holiday falls on a day on which the employee normally works:
" 	(8) An employer must grant an employee an additional day of paid leave if a public holiday falls on a day during an employee’s annual leave on which the employee would ordinarily have worked. "

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## Garf

Franb/CLIVE-TRIANGLE - Yes that makes sense, thanks.

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