Is there anything called compassionate (special leave)?: A Zimbabwean Legal Perspective
If you are an entrepreneur or aspire to be one and you are reading this article, please raise up your hand. If you are an employee or you aspire to be one and you are reading this article, please raise up your hand. Have you ever got to a situation where you lose your loved one, get arrested and wish to attend to court or get sick, wish to write an exam and yet you have used up all your study and vacation leave days? If your answer is yes or you know anyone who has been in this situation, then this article will help you manage such a situation. In our working life we all have situations where we require sympathy that is justifiable due to the circumstances that we find ourselves into. At this point in time, we ask ourselves this question, “Is there anything called compassionate or special leave?”
Do you know what is called compassionate leave or special leave? Do you know why it is important to know what is compassionate leave or special leave? Do you know how to administer compassionate or special leave? Do you know what the law says about compassionate leave or special leave? Do you know the impact of being ignorant about compassionate or special leave? Did you know that being ignorant about compassionate leave (or rather special leave as it is referred to on Section 14B of the Labour act [28.01]) may cost you millions of potential revenue that seeps out of your company through legal costs, loss of productivity, staff morale, high labour turnover rates and moonlighting?
Did you know that at an individual level, if a manager fails to properly administer compassionate (special) leave, he or she may be sued by an employee or hauled before a disciplinary committee? In some instances this may eventually lead to termination of employment? This is why it is important to understand what compassionate (special leave) is because with such knowledge, you will be able to sustainably boost your business profitability.
This article will equip you with the requisite legal analysis of compassionate (special) leave from a Zimbabwean legal perspective. In my discussion, I shall discuss about the provisions of the Labour act [28.01], Collective Bargaining Agreement of the Construction Industry (SI 45 of 2013) and the National Employment code of conduct (SI 15 of 2006). I shall also go a step further and become more industry specific. This will see me discussing about compassionate leave within the Telecoms and Construction industries.
Real life case studies of compassionate (special) leave
I once read an article that was released by News24 that talked of a lady identified as Crystal from the United States of America who had a child on life on life support. This incident happened in the United States of America! As News24 reported on the 4th of July 2018, the lady texted her boss who was identified as Dawn saying, “I won’t be able to make it to work. I’ll let you know as soon as he gets better”.
Her boss Dawn responded saying, “That isn’t how we do things, so I’ll accept that you are quitting.”
Crystal replied her boss stating that she had given her reasonable notice and that she will not be able to come to work on the mentioned day. She also stated that she was not quitting her job.
Dawn responded saying, “I won’t be getting into it with you on here but I’ve been more accommodating during this, allowing schedule changes and such. There is no reason you can’t work and I won’t tolerate drama.”
Crystal replied saying that she’d given due notice about not being able to work on the day in question and clarified that she wasn't quitting.
The end result was that the manager was fired as reported by People that Folk Oil Company which is the parent company were the Crystal was working posted a message on Facebook. There is also one critical thing that I shall not discuss today. This is how to handle social media activity by your employees and why it is important to your company brand. I will at some point in time use this case to help you understand the benefits of managing social media and how it help you manage your company brand. Keep following me on Linked In and I will discuss about this issue (social media use).
Those who want to read this article by News24 may follow the link below:
I know of a real life case were a manager advised a junior employee to choose between her studies and work. If the junior considered continuing with her education, then the employer might consider termination of employment. Everyone including the HR director supported the manager and joined hands in making the junior employee's life unbearable. Such cases happen in workplace across the globe and more often the victim suffers. Co-workers usually take the side of the oppressor. They see nothing wrong to have the victim being subjected to a lot of emotional torture. Some may sympathise with the victim and yet do not give any meaningful help.
If you read the Holy Bible on Acts Chapter 3, Peter healed a lame man who was always by the gates of the temple begging for money. A lot of people including respected officials and priests could have seen the man who needed help and yet they ignored him. I am going to write an article on this issue using Zimbabwean legal perspective. Keep following me on this platform and we will continue to share ideas.
What is compassionate (special leave)?
In the Labour Act Chapter 28.01, there is no leave that is explicitly stated as compassionate leave. Rather the section 14B reads that “Special leave on full pay not exceeding twelve in a calendar shall be granted by an employer to an employee.” On subsection a to f, the Labour Act [28.01] goes on to state the conditions by which compassionate leave maybe granted. These conditions are read as follows:
14B Special leave
Special leave on full pay not exceeding twelve in a calendar shall be granted by an employer to an employee-
(a) who is required to be absent from duty on the instructions of a medical practitioner because of contact with an infectious disease;
(b) who is subpoenaed to attend any court in Zimbabwe as a witness;
(c) who is required to attend as a delegate or office-bearer at any meeting representing employees within the industry undertaking or industry in which the employee is employed.
(d) who is detained for questioning by the police;
(e) on the death of a spouse, parent, child or legal dependant;
(f) on any justifiable compassionate grounds.
Further analysis
Despite the Labour act not explicitly stating about compassionate leave, does this mean that there is nothing called such? The answer is that when it comes to Labour and Industrial relations issues, in most cases names and titles are not relevant unless they distort facts that are on the ground. Hence compassionate leave can be regarded as special leave under section 14B (f) of the Labour act.
Special leave that is paid absence from work can be granted on any issue that can be seen as reasonable due to an unfortunate incident that any reasonable person can view sympathy for a maximum period of twelve days in a calendar year. Suppose the case that appeared on News24, happened in Zimbabwe, the manager could have exempted the employee from work basing on section 14B of the Labour Act [28.01].
Some employers may however offer some additional leave in whatever name such as family responsibility leave, parental leave or anything that they might call it as incorporated on the contract of employment or company policies. In the government of the Republic of Zimbabwe, this may be referred to through circulars. If given such scenario, then such leave become a legal obligation of the employer or employee depending on the set conditions of the leave.
Within the construction industry, as covered by section 30B of the SI 45 of 2013, special leave shall be granted under the same conditions as those catered for under section 14B of the Labour Act. In the telecoms industry, some employers are not affiliated to the National Employment Council (NEC) for Electronic Communications and Allied Industries. However, they are still obliged to grant special leave under section 14B of the Labour Act. Companies that are affiliated to the NEC for Electronic Communications and Allied Industries used to be bound by the SI 247 of 2006. Special leave under this SI 247 of 2006 is catered for on section 21. There is however a new collective bargaining agreement for the NEC for Electronic Communications and Allied Industries. It also offers the same conditions as those provided for by the Labour act chapter 28.01.
How managers should administer special leave
Managers are hired to ensure that work is done by employees as well as mobilising resources to meet company goals. Hence they are naturally interested with productivity and work performance. However, human beings are not machines. They have emotions, they get tired, and they get angry because they are social beings. Hence it is naturally unavoidable for employees to be involved in some unfortunate incidents that may require sympathy. Listed below are some of the ways to handle situations that require compassionate or special leave.
1. Create a company policy on compassionate (special) leave
From an HR governance perspective, a company policy on compassionate (special) leave may help in clarifying grey areas. I strongly advise that companies should create a policy on compassionate leave were employees who request for compassionate leave may be asked to bring in any proof to relevant authority. Employees should not be denied such leave and when they come back from this leave, they may be politely asked to bring proof any justifiable proof that is not harmful. In this way managers will be able to exercise control.
2. Being gentle and assertive
Whilst some employees may take advantage of this provision of special leave, this does not mean that there employees do not have genuine issues that require compassion. Hence managers need to be gentle in their approach whilst at the same time being assertive. Being assertive does not mean being rude and not exercising empathy.
3. Put the employee at ease and were possible offer them
Always ensure that the employees are at ease. They might be emotionally unstable and hence it is your duty to make them relax. In the process of putting them at ease, maintain a professional distance. Ask for witnesses were possible and ask them to sit down. You may offer them some water were possible so that they relax and talk.
4. Listen more and maintain a good eye
When talking with an employee facing such an issue, listen more and give them time to talk. Do not interrupt them whilst they will be speaking and gather facts. Look at them so that they gain trust that you are taking their case so seriously. If you are doing something such as typing or talking through the phone, kindly set that aside and concentrate on the employee.
5. Mind your language and tone
Some people say that words are more painful than anything else in the world. They remain printed in the heart and such scars are difficult to erase. When handling sensitive issues like these ones, you
need to mind your language and be as professional as possible. If you have a source reference such as the Labour Act or company policy manual please refer to it whilst you are speaking. Show the employee you source document and let them read it themselves if possible. Avoid words that are judgemental or that you already have your own opinion. Avoid harsh phrases such as, ‘I don’t believe you!’ ‘You are lying.’ ‘You don’t want to work!’ ‘You are just lazy!’ ‘I will fire you!’ ‘This is career limiting!’
Rather it is advisable that when you think that the employee is lying, you might say, “I understand your issue sir, but what is it that you can tell us that will convince us about your case.” “You have been asking for such leave days for more than six times this year, is everything very much okay?” Such responses do not necessarily show that you think the person is lying to you. Rather they seek to help you understand the issue more.
6. Send gifts such as compassionate cards and flowers
Sometimes when employees are hurt, it can also be good to send them gifts such as flowers, fruit baskets and compassionate cards. This may however be regulated so as to control company resources. When you offer such gifts, always communicate with the employee (s) in particular or someone who will be taking care of them before you do anything. Always be respectful to them.
7. Seek advice from HR
When faced with a situation that you cannot manage, always seek advice from responsible authority such as HR or as expressed in your policy manual. This will then guide you and ensure that your back is covered in the event of something unfortunate happening.
Handling disputes related to special leave
Sometimes disagreements might arise between people at work over matters relating to compassionate (special) leave. Always ensure that the issues are well heard and in line with your company requirements. If the company policies are inflexible, kindly seek advice from your supervisor or HR team. I believe that engagement is the best and hence always try to resolve issues internally and amicably.
Disciplinary hearings should be the last resort. Try to engage first before trying to pull out a code of conduct and disciplinary handling manual. Remember the disciplinary process may be so painful and might negatively affect your employee morale and engagement levels.
Selecting a charge in the event of a dispute
If you eventually decide to go the disciplinary hearing route, always carefully select the correct charge. Kindly select charges after carefully studying the case as well as matters surrounding it (the case). Do not rush to select the wrong charge. Follow the procedures laid down on your code of conduct. For example with SI 15 of 2006, the charges are on section 4 and the disciplinary procedure is on section 6.
If it is the construction industry and you are using the SI 45 of 2013, refer this issue on section Annexure 11. Depending on matters surrounding the case, analyse whether the case is a minor offence, major offence or serious offence. SI 45 of 2013 is quite clear on the steps to follow, charges and penalties than SI 15 of 2006.
Impact of not granting special leave
The primary goal of corporations is arguably that of making profit. There is thus a greater need to ensure that resources are channelled towards value chain activities that enable the business to generate business value. Spending more resources including time and finances will result in the increase of avoidable costs that might not be incurred if a business is able properly manage its Labour (Industrial) Relations issues. Rightfully said by Ancient Chinese strategist, Sun Tzu’s say, ‘The greatest battles are won without a fight!’ Some battles are not worth fighting as they will divert a firm’s valuable resources that could have been channelled towards investment centres within the business.
Industrial (Labour) relations issues in Zimbabwe and across the globe are very costly as we shall explain in this report below. We clearly advise the firm that the goal of the corporation is arguably to make profit whilst catering for the needs of its stakeholders. It is thus imperative for businesses to maintain a white sheet when it comes to issues of Labour Relations as they distract the business from concentrating on its core mandate. Listed below are some of the costs of industrial relations disputes that can be related to Special Leave.
Conclusion
I understand that issues to do with Industrial and Labour relations can be difficult for most people to manage. These cases as I have shown in my discussion above might cost you a fortune. In my own view, you need someone who is specially trained in handling such matters. Sometimes you need a person who is a specialist in the area of industrial and labour relations. If you need such professional advice and assistance, you may contact me directly on my email address which is: [email protected]. I will offer you permanent solutions and help you to put in place cost effective HR solutions that will arrest all industrial and labour relations issues. Knowledge is generally for free and I will definitely help you free of charge. If you want to know more about me, kindly search for me Farai Mugabe on LinkedIn or contact me directly on my email.
My ideas are not prescriptive or pointed towards anyone. My ideas are meant to share insights and I am not an authoritative source of reference. Does not and copy paste my ideas without thinking critically. My views remain an act of independent thinking that is open to debate and I acknowledge that. Nevertheless, take time to listen to the sound of the honey bird and you will definitely find honey!
The writer is called Farai Mugabe. He holds a Master’s degree in Strategy and Governance and a BSc. Human Resource Management (Honours) degree. He is a top graduate from Midlands State University and is currently working with a global construction firm in delivering value. Farai was awarded two coveted academic awards by Midlands State University and these are, The MSU Book Prize and The T & H award for the best male student in the HR Management department.
He has worked in the following industries: The Telecoms, construction, health care, and education industries. On top of that Farai has worked in both the private sector and public sector and also had some first-level contact with the Mining and Non-Governmental Organisation (NGO) sectors.
The writer has a broad understanding of people and strategy and is one of the emerging talents in the HR industry. Farai is a results driven individual who has a strong passion for people and strategy issues. He is strong-willed and transformative in approach. This article reaffirms his undying love for Strategy and people!
Do you know what is called compassionate leave or special leave? Do you know why it is important to know what is compassionate leave or special leave? Do you know how to administer compassionate or special leave? Do you know what the law says about compassionate leave or special leave? Do you know the impact of being ignorant about compassionate or special leave? Did you know that being ignorant about compassionate leave (or rather special leave as it is referred to on Section 14B of the Labour act [28.01]) may be costing you millions of potential revenue that seeps out of your company through legal costs, loss of productivity, staff morale, high labour turnover rates and moonlighting? Did you know that at an individual level, if a manager fails to properly administer compassionate (special) leave, her or she may be sued by an employee or hauled before a disciplinary committee?
This article will equip you with the requisite legal analysis of compassionate (special) leave from a Zimbabwean legal perspective. As usual, Farai clearly unpacks this issue in logical flow with a deep analysis. The author writes in his personal capacity and this article was written for sharing insights and academic purposes only. Therefore he accepts no liability for any injuries, inconveniences or whatsoever that this article might cause. He can be reached on the following email address: [email protected]