DRAFT LEAVE POLICY FOR

MEMBERS OF THE NATIONAL ASSEMBLY

 

Adjusted on 17 November 2003

As amended following the meeting of the Leave Committee on 11 September 2003

 

Preface
A member’s first obligation when becoming a member is to Parliament, through which the member serves the public. It is, however, a human necessity that members take leave to attend to various matters.

The Parliamentary programme should provide for a leave period for all members, subject to party policy, of up to 15 working days beginning 17 December of each year.

This document provides for leave on the following basis:-
Up to 21 working days for public, party and private business
Up to 30 working days for study purposes
Up to 3 months maternity leave
Sick leave.

These categories of leave are expanded on later in the document.


The document is based on the principle that parties control the leave of their members within the parameters of the approved policy.

Categories of leave

2.1 Public business
Relates to MP’s position as public representative – includes local and overseas travel, attendance at public and private functions, seminars, workshops, meetings, clinics

2.2 Party business
Refers to party political work.

2.3 Private business

This includes:-
2.3.1 Family responsibility leave ie. paternity leave (birth or adoption of a child); illness of a child; death of a close family member.

2.3.2 Leave for Cultural or Religious purposes.

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In respect of categories 2.1, 2.2, 2.3.1 & 2.3.2 above - leave to a maximum of 21 working days per annual session may be approved by the party.


2.4 Study leave – a maximum of 30 working days per annual session for members to prepare for and to write examinations. Any leave beyond 30 days must be applied for through the Leave Committee.

2.5 Maternity leave
A member is entitled to three consecutive months’ maternity leave. This leave may be taken either partly or in full before or after the birth of the child according to the discretion of the member.

A member who has a miscarriage during the third trimester of pregnancy or bears a stillborn child, is entitled to maternity leave for six weeks after the miscarriage or stillbirth whether or not she has commenced maternity leave at the time of the miscarriage or stillbirth.

2.6 Sick Leave
Any sick leave in excess of 3 days should be supported by a medical certificate.

The party whip must approve all sick leave.

Duration of attendance at committee and plenary meetings

Members should be in attendance for at least 1 hour or for the duration of the meeting, whichever is the shorter.

The issue of smaller parties not being able to attend for the required duration needs further discussion.

Party management of leave

Parties have the first responsibility in regard to the management of leave of their members. They should manage leave in terms of the approved policy.

Parties need to consider and make recommendations to the Leave Committee when a member applies for leave outside the guidelines. They should also consider the consequences of applications that take the member totally out of parliamentary and party work and whether the party can afford to be without the services of the member for the period of leave requested. They would also need to consider how many members they could allow to go on leave at one time.

Reports to the Speaker:

Each party must maintain a register in a form approved by the Speaker, which must be submitted to the Speaker at the end of each Parliamentary term.

Authorisation of leave
Leave must be applied for and granted by the party before a member proceeds on leave. Such application should normally be made at least 48 hours before the member is to proceed on leave.

Member who is at Parliament but does not attend a committee meeting (or plenary)
This is controlled by the party.

5. Role for Chief Whips’ Forum

The Chief Whips’ Forum, as a body that brings parties together, should engage on issues about general aspects of leave. They should also ensure that there are always sufficient members at Parliament to enable committees and the plenary to take decisions.

6. Sanctions
A member to forfeit R500 for each day of unauthorised absence.

Note: A rule amendment will be necessary to formalise the deduction.

7. Exceptional cases

Parties should apply to the Leave Committee in exceptional cases. The Leave Committee would consider the application and publish its report on the ATC.

Note: The creation of the Leave Committee needs to be formalised in the Rules. This committee will meet only when necessary to consider applications.