Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension of Main Amending Collective Agreement to Non-parties

Chapter Seven : Leave

37. Family Responsibility Leave
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(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 (4) 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 (3) days paid 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 employees 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) In the event of the death of the employee's spouse, life partner, parent, adoptive parent, grandparent, child adopted child, grandchild or sibling, the employee wilt be entitled to a further four (4) working days unpaid leave, provided that the employee notifies the employer at least twenty four (24) hours in advance and that the employee provides reasonable proof of the event. If the employee has given notice and proof of the event, the employer will not be entitled to take disciplinary action against the employee.

 

(5) An employee may take family responsibility leave in respect of the whole or a part of a day.

 

(6) Before paying an employee for leave in terms of this section, an employer may require reasonable proof of an event contemplated in subsection (1) for which the leave was required, provided that, if the unpaid leave is granted in terms of subsection (4), such proof is compulsory.

 

(7) 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.