Special leave is a statutory form of paid leave designed to accommodate specific, often unforeseen, circumstances that fall outside the scope of regular vacation or sick leave. Section 14B of the applicable labour law provides for up to 12 days of special leave per calendar year, granted on full pay under clearly defined conditions.
Here’s a breakdown of what this provision entails:
Maximum Allowance
- An employer is required to grant special leave not exceeding 12 days in any calendar year.
- This leave is granted on full pay and is in addition to other forms of leave such as sick leave or vacation leave.
Situations Qualifying for Special Leave
Employees may be granted special leave for the following reasons:
(a) Medical Quarantine
- If a medical practitioner instructs an employee to stay away from work due to contact with an infectious disease, the employee qualifies for special leave.
- This provision is crucial in safeguarding both the individual and the workplace from potential outbreaks.
(b) Court Attendance
- Special leave applies when an employee is subpoenaed to attend court as a witness within Zimbabwe.
- This ensures civic duties do not unfairly impact an employee’s income or leave entitlements.
(c) Trade Union Representation
- Employees who serve as delegates or office-bearers of a registered trade union and are required to attend union meetings are entitled to special leave.
- This supports labour representation and the functioning of democratic industrial relations.
(d) Police Detention
- Employees who are detained for questioning by the police may also be granted special leave.
- This provision is important in upholding the principle of “innocent until proven guilty,” protecting employees’ rights during legal processes.
(e) Bereavement
- Special leave is available upon the death of a spouse, parent, child, or legal dependant.
- This acknowledges the emotional and logistical burden of bereavement, allowing time for mourning and family support.
(f) Other Compassionate Grounds
- Leave may also be granted on any justifiable compassionate ground, at the employer’s discretion.
- This catch-all provision allows flexibility for employers to address unforeseen or exceptional circumstances that merit leave, such as attending to a seriously ill relative or coping with a family crisis.
Conclusion
Section 14B affirms that the workplace should be responsive to the complexities of life beyond work. By offering up to 12 days of special leave on full pay, it balances operational continuity with compassion and legal responsibility.
Employers should maintain clear policies and documentation procedures for processing special leave requests, while employees are encouraged to communicate promptly and provide supporting evidence where applicable (e.g., medical instructions, subpoenas, or proof of bereavement).
Note: As with other statutory benefits, employers may offer more generous special leave provisions, but may not provide less than what is outlined in Section 14B.