Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Metal and Engineering IndustriesConsolidated 2021/2025 Plastic Industry Main Collective AgreementChapter 316. Family Responsibility & Compassionate Leave |
For purposes of this clause,—
"child"
means a person who is under 18 years of age provided that or purposes of sub-clause 2(b), this age shall not apply.
| (1) | This section applies to an employee who has been in the employ of the same employer for longer that four months and who works for at least four days a week for that employer. |
FAMILY RESPONSIBILITY LEAVE:
| (2) | An employer must, at the request of the employee, grant the employee three days' paid leave during each annual leave cycle, which the employee is entitled to take— |
| (a) | when the employee's child is sick; (child includes a person certified to be not accountable upon proof presented); or |
| (b) | when the employee's spouse is sick. |
COMPASSIONATE LEAVE:
| (3) | An employer must, at the request of the employee, grant the employee three days' paid leave during each annual leave cycle, which the employee is entitled to take— |
| (a) | 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 and/or parents-in-law. |
| (4) | Subject to sub-clause (6), 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. |
| (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 this leave, an employer may require reasonable proof of the event contemplated in (2 & 3) above for which the leave was required. For purposes of administrative control an employer may maintain a register detailing the identity of all qualifying dependents in respect of which this provision may operate and all employees will be required to provide the requisite information to the employer, where so requested. Failure to provide the information to the employer will result in the leave being declined and/or be unpaid. |
| (7) | An employee’s unused entitlement to leave referred to in this clause accrues to a maximum of nine days, compassionate, paid leave over a three-year period of employment. This accrued leave may be used in the event of the death of any of the persons detailed in (3)above. For any other reasons defined in (2) above entitlement is limited to 3 days per annum however, this provision does not affect the employee's entitlement to parental leave3 and conditions4 attached to same as provided for in Section 25A of the Basic Conditions of Employment Act. |
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| 3 | Section 25A (1, 2 & 3) of the Basic Conditions of Employment Act |
| 4 | Section 25A (4 & 5) of the Basic Conditions of Employment Act |