TERS benefit for employees annual leave

SOLVED

Hi Everybody

I've recently read that the employer can now get back 50% of whatever they've paid the employee in annual leave payments, as long as the employer credits the employees annual leave allocation again by 50%.

In our case as a restaurant, we have been shut down for the duration of lockdown but my boss has chosen to pay everybody at least till end April in full from her personal savings. 

We decided at the beginning of lockdown that we would use a combination of their annual & sick leave even if they didn't have enough annual/sick leave accumulated as yet. So the 1st week the company gave the week (as a gratuity I guess)  I processed it as 'other leave'.  The 2nd & 3rd weeks as annual leave and 4th & this is the 5th as sick leave.

My boss has now asked me to look into trying to get something back as we are only allowed delivery from Friday and we don't know how financially viable this would be yet. 

My questions are how would I prepare the info to download via pastel payroll? I've already registered online meantime...

  • Do I leave the shutdown dates as 27.03 to 30.04? 
  • I wouldn't exclude any employees for the file as it asks that upfront except myself as I am the only one working from home?
  • I have run the monthly & weekly leave runs as per normal - do I just submit the file before the 30th that will be generated from Payroll online and do a normal final wage run this week?
  • Basic salary or UIF remuneration?

Would appreciate any help but especially from somebody who also followed this type of scenario.....thanks.

  • +1
    verified answer

    Good day Bronwyn,

    Thank you for your support post.

    Please may you supply me the documentation pertaining to the companies being able to claim 50% back in leave payments?

    We unfortunately cannot comment on the Legislation regarding if you may claim for TERS, if the employees were still paid in full based on leave payments.  You will need to confirm this with the Department of Labour.

    You would select the Basic Salary or UIF Remuneration based on what was paid to the employees, however this will most likely be UIF Remuneration as the Basic Salary for the period was zero.

    Please refer to the guide below for TERS application guidelines.

  • 0 in reply to Jamie van Wyk
    SUGGESTED

    Hi Jamie

    It's been widely publicised by now.  It was gazetted on 4th May. Gazette No 43265 - see attached.

    See the following article https://businesstech.co.za/news/trending/394968/new-changes-to-south-africas-coronavirus-employee-relief-scheme-and-annual-leave/

    Our company has received a payout early May for my submission end April and I have reversed all our employees annual leave.  They only have not paid anything as yet for our 15 foreign employees even after I submitted the 3 months payroll as requested. 

    43265_4-5_Labour.pdf

  • 0 in reply to BronwynP

    Good Day Bronwyn

    Please could you assist with the procedures you followed pertaining to the leave, our company also advanced staff leave so that they could get full salaries, and now I'm lost as how to claim it back and re-imburse them,

  • 0 in reply to Belindalee79

    Hi Belinda

    You submit your April claim through the dedicated UIF TERS website. Generate the file through Pastel Payroll and where it asks for shutdown income you add the net amount you paid to each employee.  You then submit the generated csv file on the website and wait :-)

    I took the amount that UIF paid out for each employee (according to their payment schedule) and divided it by each employee's daily rate to get exactly how many days I can reimburse. So say UIF paid out R5000 and the employees daily rate was R500, I reimbursed 10 leave days.  There are 2 ways to do it on Payroll

    1. Go to the employees masterfile, leave tab and add 10 days to the opening balance or
    2. Reverse the leave on the payslip on the leave tab like a journal entry if you put in the end of the month e.g. 06/05/2020 – 06/05/2020  the leave taken box will reflect 1 you can override this and fill in -xx days and description TERS Leave reversed - this will "pay it back" on the payslip.  You then add code 5026 Covid 19 Disaster Relief trust on the income tab and include the exact amount UIF paid out.  The 2 then "cancel" each other out but any PAYE and UIF will be reversed as the Disaster Relief fund is non-taxable income.

    If you use Option 1 you would need to manually enter code 5012 on each employees payslip and the amount repaid by UIF as a minus as well as add the amount under code 5026 as explained above.

    Hope this helps and makes sense.  I figured out option 1 but our Payroll software consultant eventually got back to me and showed me the other way to do it after I had already done it.  It's easier to do it her way but I didn't realise one could override the days taken on the leave tab.

    Please don't hesitate to contact me if you need any more clarity. 

  • 0 in reply to BronwynP

    Thank you Bronwyn so much for getting back to me. I haven't submitted to TERS as yet for April as i was unsure on how to process the leave taken. Did you just calculate it  manually? did you deduct the leave paid from the actual income and submit that amount to TERS? I have consulted so many people regarding this and many are unaware of how to do the initial submission so that is shows that it was leave paid. The next question (sorry, but you seem to be very knowledgeable Lol) the TERS is paid to the Company, you then have to submit proof that you have paid the amount to the employees that TERS recommended, that throws me out as they have already been paid. One tax practitioner also said that if we top up the TERS or pay 50% of their salary the system normally rejects it, is this correct? Thank you, thank you, thank you once again. 

  • 0 in reply to Belindalee79

    I sent a long reply and the system lost it Tired face  will try again

  • 0 in reply to Belindalee79

    It took many hours of research and hair pulling an webinars etc to figure it out I also redid it a few times in the early hours of the morning aarrgghhhh lol! 

    I'm assuming you have done your April payroll run and use Pastel Payroll?  If so then you know where to go in the software to get to generate the csv file that you need to submit.

    I run a weekly and monthly payroll and we paid out 2 weeks of their annual leave and 2 weeks of their sick leave as I read earlier in the shutdown that the Dept of Labour was encouraging employers to utilise employees annual, sick leave so that they don't lose out.  I only submitted end April after I read that they will pay out a portion of leave used as long as you credit the proportionate leave days back to the employee.  They only changed the directive early May. They send a payment schedule after they payout and I manually calculated the days I needed to credit according to the amount they paid for each employee (divide the amount by their daily rate) 

    I didn't deduct anything as we only paid leave income for April.  As long as you are honest about what you paid and can prove it was leave utilised it's fine.  The column Shutdown Income is by default reflecting nil. This is where you put in the employees nett income paid to them for April. 

      

    I'm not sure if you have paid their normal wages and salaries as well as leave? I don't know if they will pay out in this case but like I said as long as you are honest in your submission.

    I emailed them a leave audit trail as well as leave history for April and then after I added the days another leave history to prove the credit.  I also email a monthly analysis for April proving what I paid was indeed leave payments.

  • 0 in reply to BronwynP

    Good luck, all you can do is try.  I didn't think they would pay out but they did and we are very grateful as it allows us to pay our employees some of their wages for May. 

    You shouldn't top up TERS benefit as the employee cannot earn more than what they usually do.  If the company can afford to pay them something they should and submit to TERS who will work on a formula and pay something towards the employee.  It will obviously be less than if the company couldn't afford to pay anything.

  • 0 in reply to BronwynP

    Bronwyn i cannot thank you enough for your assistance and taking your valuable time to assist a complete stranger. This is a rare trait these days. I truly appreciate it. Thank you so very much

  • 0 in reply to Belindalee79

    An absolute pleasure Belinda!  I know the absolute nightmare and hours of researching and tring to find answers, so I'm glad I could assist.

    Good luck and I'm sure we'll "see" each other around here :-)