Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 9 : Wholesale and Retail Sector, South AfricaPart E : Leave23. Family responsibility leave |
| (1) | This clause applies to an employee — |
| (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 an employee, during each 12 months of employment, at the request of the employee, three days' 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— |
| (i) | the employee's spouse or life partner; or |
| (ii) | the employee's parent, adoptive parent, grandparent, child, adopted child, grandchildren or sibling. |
| (3) | An employee 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 an employee for a day's family responsibility leave— |
| (a) | the wage the employee would normally have received for work on that day; and |
| (b) | on the employee's usual payday. |
| (5) | Before paying an employee 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) | An employee'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. |