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National News Flash 4 of 2015: Amendments to the PAM and New Leave Form: School-based Educators

Amendments to the PAM and New Leave Form: School-based Educators

With effect from 1 January 2013 the Minister for the Public Service and Administration introduced a new leave form for the public service (Form Z1 (a)). Problems experienced in the educator sector with the manner in which the employer applied/utilised the leave form prompted the trade unions in the ELRC to demand that a leave form be developed for school-based educator specific purposes. During the latter part of 2014 the parties to Council concluded on the new leave form which was then published in the Government Gazette of 27 November 2014 (Government Notice 948) by the Minister of Basic Education as a Schedule to Chapter J of the PAM, referred to as APPLICATION FOR LEAVE OF ABSENCE: SCHOOL BASED EDUCATORS. A copy of the Gazette is attached. The Department unfortunately failed to inform us of this development.

School-based members must ensure that they utilise the new leave form when applying for the leave types provided for in the leave form. Please note the last paragraph (numbered 1.10) under paragraph 5 of the determination, namely that the leave form should not be utilised for disciplinary purposes. Members therefore cannot be required to complete the leave form in instances of late coming (I.e. for the time that they are late) – this needs to be dealt with in terms of the disciplinary procedure.

The Minister also utilised the opportunity to make a determination around a number of the provisions of PSCBC Resolution 1 of 2012 in as far as it applies to educators (see Gazette). Due to the lateness of the Minister’s determination the provisions pertaining to family responsibility leave and pre-natal leave might not have been applied by education departments from the original date provided for in PSCBC Resolution 1 of 2012 (i.e. 1 January 2013). Cases where such leave had been applied for, but were declined should be revisited with the assistance of provincial offices.

Please note that whilst the determination pertaining to Long Service Awards correctly reflects the provisions of PSCBC Resolution 1 of 2012, the cash amounts referred to have since annually been adjusted according to the CPI for the preceding year. The current cash amounts are the following:
•    20 years continuous service = R 8 371
•    30 years continuous service = R 16 743
•    40 years continuous service = R 22 324

Download pdf Government Gazette No. 38249 Leave Form Educators (539 KB)