What does family responsibility leave cover?

What does family responsibility leave cover?

Family responsibility leave is three days paid leave which qualifying employees are entitled to over and above annual and sick leave. It can be taken with the birth of a child or during the illness and death of a close family member.

Here is what the Basic Conditions of Employment Act covers with respect to family responsibility leave in South Africa:

Who can take family responsibility 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 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 more than 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.

 

When can family responsibility leave be taken?

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;
  • (b)  when the employee’s child is sick; or
  • (c) in the event of the death of—
    • the employee’s spouse or life partner; or
    • the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.

 

How does payment work for family responsibility leave?

The 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.

Before paying an employee for leave in terms of this section, an employer may require reasonable proof of an event for which the leave was required.

 

An employee may take family responsibility leave in respect of the whole or a part of a day.

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.

A collective industry or union agreement may vary the number of days and the circumstances under which leave is to be granted in terms of this Act. 


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