Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Chapter Three : Leave27. 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| (a) | [Section 27(2)(a) repealed by section 4 of Notice No. 1305, GG 42062, 27 November 2018 (Labour Laws Amendment Act, 2018)]; |
| (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. |
| (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. |