The Basic Conditions of Employment Act applies to all employers and workers in South Africa, and regulates leave, working hours, employment contracts, deductions, pay slips and termination. The Act does not apply to members of the National Defence Force, National Intelligence Agency, South African Secret Service and unpaid volunteers working for charities.
This is the most commonly requested leave. All employees have the right to annual leave, however, there are a few pointers to take note of before you are entitled to apply:
| Calculation of accrual of leave | 1,25 days per month or 1,5 days per month |
The objective of sick leave is to ensure that you do not have to work whilst sick, risking your health and that of your fellow colleagues.
During the first year of employment, you are entitled to one day paid sick leave for every 26 days worked. Those who work a five-day week are entitled to 30 days’ sick leave in a sick leave cycle and if you work a six-day week are entitled to 36 days’ sick leave in a sick leave cycle. Unused sick leave will lapse at the end of the sick leave cycle.
Absence due to sickness is to be reported directly to your Manager or Human Resources (HR) as soon as it is possible to do so, stating the general nature of your illness and the estimated duration of absence. Thereafter contact must be made at regular intervals (at least once a week) in the case of prolonged illness.
A medical certificate is required on request of your employer when you are absent from work for more than two consecutive days or when you are absent on more than two occasions during an eight-week period. It is also important to note that your medical certificate must also state that you are unable to work for the duration of the time that you have been booked off.
This type of leave is only available if you have worked for longer than four months with the same employer. You are entitled to three days of paid family leave which replaces what was previously known as paternity leave, special leave and compassionate leave.
This type of leave covers instances where:
This specific type of leave is dependent on whether your employer has stipulated in your employment contract that you have a specific number of days you may take for special religious days. This type of leave is not accumulated and in the event you do not have set religious leave, any time taken off for any religious reasons will be regarded as annual leave.
All female employees have a right to four months maternity leave when they are pregnant. By law, your employer is not obliged to give you paid maternity leave, but you are entitled to four consecutive months of maternity leave. The maternity leave may begin at any time from at least four weeks before the birth of your baby. The maternity leave may also be taken earlier if a medical condition does not allow you to work.
Also referred to as parental leave, you as an employee are entitled to 10 consecutive days of this specific leave. You are entitled to take this leave on the first occurring date between the date your child is born, the date an adoption order is granted, or the date that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order.
It is important that you are granted all specific leave days. You have the right to take your leave or have it paid out when your employment contract is terminated with your employer. Our legal advisors are here to assist you 24/7. Fill out the form below and we will call you back. Alternatively,
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