Leave in South Africa

Employees are entitled to a minimum of 21 consecutive days of annual leave per year. For employees who work a five-day week, this equates to 15 working days. For those who work a six-day week, this translates to 18 working days. Annual leave accrues at a rate of 1 day for every 17 days worked or 1 hour for every 17 hours worked.

Employers should allow employees to carry over statutory leave they have accrued into the next annual leave cycle. Only at the end of that next annual leave cycle may it be forfeited if untaken. This must be confirmed in a leave policy to enforce the forfeiture.

Upon termination of employment, employees are entitled to be paid out for any accrued but unused annual leave.

South Africa has 12 public holidays.

Employees who work five days a week are entitled to 30 days of paid sick leave in a three-year cycle. During the first six months of employment, employees can take one day’s paid sick leave for every 26 days worked. A medical certificate may be required for absences longer than two consecutive days or if the employee is absent on more than two occasions during an eight-week period in order to be paid for their sick leave.

An employee is entitled to four consecutive months of unpaid maternity leave. Maternity leave can begin anytime from four weeks before the expected date of birth. The employee may not work for six weeks after the birth unless a medical practitioner certifies her to do so. If the employer does not pay full maternity benefits, the employee may apply for maternity benefits from the UIF.

An employee who is an adoptive parent of a child less than two years old is entitled to adoption leave of ten weeks consecutively. If an adoption order is made in respect of two adoptive parents, only one may apply for adoption leave and the other for parental leave. The selection of choice may be exercised at the option of the adoptive parents. If the employer does not pay adoption leave benefits, the employee may apply for adoption leave benefits from the UIF.

An employee who is a commissioning parent in a surrogate motherhood agreement is entitled to ten weeks of commissioning parental leave consecutively. Commissioning parental leave may commence on the date a child is born as a result of a surrogate motherhood agreement. If the employer does not pay commissioning parental leave benefits, the employee may apply for commissioning parental leave benefits from the UIF.

Parents who are not on maternity, commissioning or adoptive leave are entitled to ten consecutive days of parental leave after the birth of their child. If the employer does not pay parental benefits, the employee may apply for parental benefits from the UIF.

All employees who have been in employment for longer than four months and who work four days or more each month for the employer are entitled to three days paid family responsibility leave during each annual leave cycle in instances where the employee’s child is ill, or on the death of a spouse or life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. Unused family responsibility leave is forfeited at the end of each annual leave cycle. Employees may use their annual leave or apply for unpaid leave to care for their children where family responsibility leave has been exhausted.

Employees can take unpaid leave if they have exhausted their paid leave entitlements. Employers and employees can agree on the terms and duration of unpaid leave. Unpaid leave may also be used for extended sick leave, maternity leave, or other personal reasons.