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A supervisor in our department lost his brother in a car accident. The funeral was a distance away and as the closest male relative he went to the farm to start the funeral proceedings.
He called the company and informed of his predicament and we agreed that he could sign the applicable compassionate leave forms on his return.
Sadly, due to a family conflict and no will being left, the spouse of his deceased brother would not give the attending siblings copies of the death certificate to submit for work leave purposes.
As the death had been verified, (deceased was known to many co-workers), the manager escalated to a senior manager and obtained permission to allow the employee to submit a funeral service and death notice copies in lieu of the death certificate.
Now HR has said that it is against policy and will not accept even as discretionary management decision based on unique circumstances ( and no previous abuse) by said employee for leave and insists that it must either be unpaid or annual leave.
What can be done for this employee as he has lost a brother, every other staff member gets compassionate leave and now we have to take it out of his rather depleted annual leave or not pay?
The reality is that if he does not have any proof then the employer does not have to pay him for compassionate leave. Reasonable proof could also include a funeral letter / program.
Jan du Toit is available to assist employers with all IR related matters and can be contacted at firstname.lastname@example.org
Labour Guide accepts no liability for any damages or losses as a result of actions taken based on information contained herein. The information contained herein does not serve as alternative to legal advice that may be provided during consultation.
2 posts • Page 1 of 1
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