1. By when should employees take their annual leave?
You must grant your employees annual leave not later than six months after the end of the annual leave cycle.

2. May you pay out your employees instead of granting paid annual leave?
The answer is NO. The Basic Conditions of Employment Act (BCEA) specifically states that you may not pay out an employee instead of granting paid leave (except on termination of employment).
Accordingly, where an employee is going on maternity leave and she will return to work after this period, you are also not allowed to pay out annual leave.  Further more, when your employee’s employment is terminated for whatever reason, all accrued leave should be paid out and not only in circumstances where an employee has resigned.

3. May you require your employees to take annual leave during another period of leave to which they are entitled to?
You may not require or permit your employees to take annual leave during any other period of leave to which the employees are entitled (i.e. sick leave, family responsibility leave or maternity leave).
Example
If John takes paid family responsibility leave and his previously agreed annual leave becomes due whilst he is on family responsibility leave, he can’t be forced to take the annual leave whilst he is on family responsibility leave.

4. What is the rule about taking annual leave during notice periods?
You may also not require or permit your employees to take annual leave during any period of notice of termination of employment.

Example
If you dismiss Mary for operational requirements, you may not require her to take annual leave that is due to her during the notice period.  Mary will, however, be entitled to be paid out for her accrued leave (Section 40 (c) of the BCEA.  The inclusion of the word “permit” seems to suggest that you may not even agree with the employee that the employee take annual leave during a period of notice.

5. Are part-time employees entitled to annual leave?
Part-time employees who work more than 24 hours per month are entitled to 1 day annual leave for every 17 days worked or 1 hour for every 17 hours worked. 

6. How much paid sick leave must you grant your employees?
During an employee’s first six months of employment, the employee is entitled to one day’s paid sick leave for every 26 days worked.  
Thereafter, the employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks during a 36 month cycle – “the sick leave cycle”.

7. How does the sick leave cycle work?
The sick leave cycle begins on the first day of employment or on the completion of the previous sick leave cycle.  Employees who work a five-day week are entitled to 30 days’ sick leave in a 36-month cycle, and employees who work a six-day week are entitled to 36 days’ sick leave in a 36-month cycle.

8. Are part-time employees entitled to sick leave?
Part-time employees who work more than 24 hours per month are entitled to paid sick leave.  The number of days the employee works in a six-week period determines the number of paid sick leave days s/he can claim.  

Example
If an employee works for 12 days per six weeks, the employee would have a sick leave entitlement of 12 days per sick leave cycle (over a period of 36 months of employment).

    Source: Labour Law for Managers Practical Handbook
    Based on Legislation in Section 20 of the Basic Conditions of Employment Act