Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 7 : Domestic Worker Sector, South AfricaPart E : Leave21. Family responsibility leave |
| (1) | This clause applies to a domestic worker— |
| (a) | who has been employed by an employer for longer than four months; and |
| (b) | who works on at least four days a week for that employer . |
| (2) | An employer must grant a domestic worker, during each 12 months of employment, at the request of the domestic worker, five days' leave , which the domestic worker is entitled to take— |
| (a) | when the domestic worker's child is born; |
| (b) | when the domestic worker's child is sick; or |
| (c) | in the event of the death of— |
| (i) | the domestic worker's spouse or life partner; or |
| (ii) | the domestic worker's parent, adoptive parent, grandparent, child, adopted child, grandchildren or sibling. |
| (3) | A domestic worker may take family responsibility leave in respect of the whole or part of the day. |
| (4) | Subject to sub-clause (5), an employer must pay a domestic worker for a day's family responsibility leave— |
| (a) | the wage the domestic worker would normally have received for work on that day; and |
| (b) | on the domestic worker's usual payday. |
| (5) | Before paying a domestic worker for leave in terms of this clause, an employer may require reasonable proof of an event contemplated in sub-clause (2) for which the leave was required. |
| (6) | A domestic worker's unused entitlement to leave in terms of this clause lapse at the end of the annual leave cycle in which it accrues. |