Accumulated leave in Ghana - Does the law frown on it?

Introduction

Leave or holidays are part of the compensation package or benefits to which all workers are entitled. Section 20 of the Labour Act, 2003 (Act 651) provides that every worker shall be entitled to leave (minimum of fifteen days per full year). The number of leave days a worker is entitled to, the manner and circumstances of enjoying such leave entitlements are matters that are subject to contract between the worker and his employer but shall not contradict the minimum provisions in Act 651. The issue of leave entitlement has become a heated matter in Ghana now following the President’s directive to the Auditor-General to proceed on his accumulated leave and the latter’s express disagreement with the directive. The ongoing debate is in two legs: whether the President has the power to direct the Auditor-General in the manner which he so did; and whether accumulated leave is countenanced under the employment laws of Ghana. This essay focuses on the latter question.

I will discuss the nature of leave under Ghana law, delve into accumulated leave and how the law deals with it and proffer advice to both employers and employees; I will further take a journey through the Public Services Commission’s treatment of the subject and conclude that under Ghana law leave accumulates so long as it remains unspent or unutilised except under
specific exceptions.