17 Aug Know Your Rights: Family Responsibility Leave
Know Your Rights: Family Responsibility Leave
What the Law says:
Section 27 of The Basic Conditions of Employment Act No.75 of 1997, as amended in 2020, states:
Family Responsibility Leave
(1) This section applies to an employee—
(a) who has been in employment with an employer for longer than four months; and
(b) who works for at least four days a week for that employer.
(2) An employer must grant an employee, during each annual leave cycle, at the request of the employee,
three days’ paid leave, which the employee is entitled to take—
(a)when the employee’s child is born; (this was repealed in 2020 by repealed by s. 4 of Act No. 10 of 2018, as parental leave has now replaced it.)
(b)when the employee’s child is sick; or
(c) in the event of the death of—
(i) the employee’s spouse or life partner; or
(ii) the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.
(3) Subject to subsection (5), an employer must pay an employee for a day’s family responsibility leave—
(a) the wage the employee would ordinarily have received for work on that day; and
(b) on the employee’s usual pay day.
(4) An employee may take family responsibility leave in respect of the whole or a part of a day.
(5) Before paying an employee for leave in terms of this section, an employer may require reasonable proof of an event contemplated in subsection (2) for which the leave was required. [Subs. (5) substituted by s. 4 of Act No. 11 of 2002.]
(6) An employee’s unused entitlement to leave in terms of this section lapses at the end of the annual leave cycle in which it accrues.
(7) A collective agreement may vary the number of days and the circumstances under which leave is to be granted in terms of this section.
(You can download a full copy of the Act Basic Conditions of Employment Act No here)
What the CCMA Says:
The CCMA also has a very useful Information sheet that breaks down all the relevant legislation, how to register for benefits, and other rights.
Download a copy of the Information Sheet on Maternity Benefits from www.ccma.org.za 2022 by clicking on the link.
Who Does this Chapter on Leave Apply To?
(1) This Chapter does not apply to an employee who works less than 24 hours a month for an employer.
(2) Unless an agreement provides otherwise, this Chapter does not apply to leave granted to an employee in excess of the employee’s entitlement under this Chapter.
More Resources on This Topic that may Interest You:
Protection of employees before and after birth of a child
Disclaimer: RESOURCE recruitment is not a Labour Consultancy and is not giving Labour Advice. The above information is freely available on the Department of Labour and CCMA website, and any legal advice should be sought from a legal professional.
