In terms of section 20(2)(b) of the Basic Conditions of Employment Act, annual leave must accumulate for the period in which the employee worked or was entitled to be paid. The Act does not specify who should pay the employee, only that the employee must have been entitled to payment. If an employee is absent from work without leave or permission, they are not entitled to compensation and therefore, annual leave will not accumulate during periods of unauthorised absence. When on maternity leave, you are still entitled to payment in the form of maternity benefits by the Unemployment Insurance Fund. As a result, annual leave will accumulate whether such period of maternity leave is paid leave or unpaid leave.
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