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Basic Guide to Family Responsibility Leave

Basic Guide to Family Responsibility Leave

Workers may take up to 3 days of paid leave a year to attend to certain family responsibilities.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Workers Excluded from Family Responsibility Leave

The provisions for family responsibility leave do not apply to workers who work less than –

  • 4 months for their employer
  • 4 days a week for one employer
  • 24 hours a month, or to
  • leave over and above that provided for by the Act.

Number of Leave Days

Full time workers may take 3 days of paid family responsibility leave during each annual leave cycle (12 month periods from date of employment). Family responsibility leave expires at the end of the annual cycle.

Based on Legislation in Section 27of the Basic Conditions of Employment Act

Reasons for Leave

You may take family responsibility leave:

  • when your child is born
  • when your child is sick
  • in the event of the death of your
    • spouse or life partner
    • parent or adoptive parent
    • grandparent
    • child or adopted child
    • grandchild
    • sibling.

Based on Legislation in Section 27of the Basic Conditions of Employment Act

Proof

Employers may require reasonable proof of the birth, illness or death for which a worker requests leave.

Based on Legislation in Section 27of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

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