What if my employer forces me to take unpaid leave?

If you are forced to take unpaid leave in South Africa, your employment contract and the policies of your company will determine your rights and entitlements. Here are some general guidelines:

• Unpaid leave should be mutually agreed upon: Your employer cannot unilaterally force you to take unpaid leave without your consent. They need to negotiate and discuss with you the reasons for the unpaid leave and come to a mutual agreement.
• Your employment contract and company policies apply: Your employment contract and the policies of your company will outline your entitlements in regards to unpaid leave. Check your contract and policies to see if they provide any guidance on the matter.
• Unpaid leave may impact your benefits: If you take unpaid leave, it may impact your benefits such as medical aid, retirement contributions, and leave entitlements.
• UIF may be available: However, eligibility criteria apply, and the UIF may only provide limited financial support.
• Consider legal advice: If you are unsure of your rights or feel that your employer is unfairly forcing you to take unpaid leave, consider seeking legal advice from a labour lawyer or the Commission for Conciliation, Mediation and Arbitration (CCMA).

In summary, if you are forced to take unpaid leave in South Africa, you should consult your employment contract and company policies to understand your rights and entitlements. You may also want to seek legal advice to ensure that your employer is acting fairly and within the law.