Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination No 5: Learnerships26. Family responsibility leave |
| (1) | This clause applies to a learner: |
| (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 a learner, during each annual leave cycle, at the request of the learner, three days' paid leave, which the learner is entitled to take: |
| (a) | when the learner's child is born; |
| (b) | when the learner's child is sick; or |
| (c) | in the event of the death of— |
| (i) | the learner's spouse or life partner; or |
| (ii) | the learner's parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. |
| (3) | Subject to subclause (5), an employer must pay a learner for a day's family responsibility leave— |
| (a) | the allowance the learner would ordinarily have received for work on that day; and |
| (b) | on the learner's usual pay day. |
| (4) | A learner may take family responsibility leave in respect of the whole or a part of a day. |
| (5) | Before paying a learner for leave in terms of this clause, an employer may require reasonable proof of an event contemplated in subclause (2) for which the leave was required. |
| (6) | A learner's unused entitlement to leave in terms of this clause 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 clause. |