10 May Family Responsibility Leave

For a lot of companies, they make up their own rules when it comes to what is allowed for Family Responsibility Leave, and often employees in the past have set president and the company policy with regards to this has “evolved”. 


This is what the Basic Conditions of Employment says about Family Responsibility Leave.


Basic Guide to Family Responsibility Leave


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


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.

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 childg
    • grandchild
    • sibling.


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



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 regulate 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.
  • workers engaged in emergency work are excluded from certain provisions.

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.