The Legality of Taking Leave Days While Serving Your Notice
Annual leave is a statutory right, but Section 20(11) of the BCEA limits when leave may be taken during a notice period after resignation or dismissal.
Section 20(11) in plain language
Once notice of termination is given, an employer may refuse annual leave during the notice period unless both parties agree. The goal is to avoid abuse of leave to avoid working out notice.
Payout of accumulated leave
If you cannot take leave during notice, accrued leave is typically paid out on termination as part of your final remuneration—verify your payslip and settlement letter.
If your employer refuses unfairly
Document all leave requests and responses. If leave was unreasonably blocked or not paid out, you may have a BCEA or unfair labour practice angle depending on the facts.
FairPlay AI clarifies whether your notice-period leave situation complies with Section 20(11).