Annual Leave

Leave according to the law

Feel like heading out on holiday? Need a little time off to take care of a relative or child? In this section we take a look at what leave you're entitled to.

Public Holidays

Work on a public holiday is entirely voluntary and a worker (including domestic workers) may not be forced to work on such public holiday. The official public holidays are:
New Years Day, Youth Day, Human Rights Day, National Woman’s Day, Good Friday, Heritage Day, Family Day, Day of Reconciliation, Freedom Day, Christmas Day, Workers Day, Day of Goodwill.

Pay for work on Public Holidays

Annual Leave

Annual leave may not be less than 21 consecutive days for full-time workers or by agreement, one day for every 17 days worked or one hour for every 17 hours worked. 
The leave must be granted not later than six months after completion of the period of 12 consecutive months of employment. The leave may not be granted in connection with any period of sick leave, nor with a period of notice of termination of the contract of employment. 
Employers may not pay workers instead of granting leave, except on termination of employment.

Timing of Leave

Both the employer and worker should agree to the timing of leave. If they cannot agree, the employer makes the final decision. Leave must be granted not later than 6 months after the end of the annual leave cycle (12 month periods from date of employment).

Sick Leave

During every sick leave cycle of 36 months an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of 6 weeks.
During the first 6 months of employment, an employee is entitled to 1 day’s paid sick leave for every 26 days worked.

The employer is not required to pay an employee if the employee has been absent from work for more than 2 consecutive days or on more than 2 occasions during an 8-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.
The provisions for sick leave do not apply to workers who work less than 24 hours a month, workers who receive compensation for an occupational injury or disease. 
An employer may require a medical certificate before paying workers who are absent for more than 2 consecutive days, or who are often absent (more than twice in an 8-week period).

Maternity Leave

The employee is entitled to at least 4 consecutive months’ maternity leave. The employer is not obliged to pay the domestic worker for the period for which she is off work due to her pregnancy. However the parties may agree that the domestic worker will receive part of or her entire salary/wage for the time that she is off due to pregnancy.
A worker who is pregnant or nursing may not do work that is unsafe for her or her child.
Workers may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons. Workers may not go back to work within 6 weeks after the birth unless their doctor or midwife say it is safe.

Family Responsibility Leave

Employees employed for longer than four months and for at least four days a week are entitled to take three days’ paid family responsibility leave during each leave cycle when the employee’s child is born, or when the employee’s child is sick or in the event of the death of the employee’s spouse or life partner or parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. Employers may require reasonable proof of the birth, illness or death for which a worker requests 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 or 24 hours a month.
Family responsibility leave expires at the end of the annual cycle.

• More about labour law on www.labour.gov.za and www.lawinfo.org.za