(1) Subject to subsection (2), where any employee who has been continuously employed for 3 months or more is laid off or the employment contract is terminated and the employee has not completed the 12 month period necessary for entitlement to vacation leave with pay in accordance with section 96, such employee shall be entitled to vacation leave with pay calculated on the basis of the formula specified in section 96. (Amended by Act 6 of 2011)
(2) If an employee has at any time taken any vacation leave under this Part while in the employ of an employer, the employer shall be deemed to have complied with the provisions of this section if the employee is paid promptly, in addition to all other amounts due, the employee's full pay for the period of employment between the day on which the employee became entitled to his or her last vacation leave and the date of the termination of employment.