South African employees are protected by the Basic Conditions of Employment Act (BCEA), which sets the minimum leave entitlements. Employers can give more, but never less.
Annual Leave
15 working days/year
1.25 days per month worked. 18 days for 6-day workers.
Sick Leave
30 days per 3-year cycle
Limited in first 6 months. Medical certificate may be required.
Maternity Leave
4 consecutive months
Unpaid — but UIF maternity benefit applies (up to 66% of salary).
Family Responsibility Leave
3 days per year
Death of family member, child illness, or birth of child.
Parental Leave
10 consecutive days
For the birth or adoption of a child (non-primary caregiver).
Adoption Leave
10 consecutive weeks
For the primary caregiver adopting a child under 2.
Employees earn 1.25 working days of annual leave per month, totalling 15 working days per year (3 weeks). This applies to employees who work a 5-day week. Employees who work 6 days per week accrue 18 working days per year.
Annual leave must be taken within 6 months of the end of the leave cycle. Employers may agree with employees to carry over leave, but this should be formalised in the employment contract.
The BCEA provides 30 days sick leave in every 36-month (3-year) cycle. However, during the first 6 months of employment, sick leave is limited to 1 day per 26 working days. After 6 months, the employee gets the full 30-day entitlement (less what they've already used).
Employers may require a medical certificate for sick leave longer than 2 consecutive days, or on a Monday or Friday, or on a day adjacent to a public holiday.
Employees are entitled to all 12 South African public holidays at full pay. If required to work on a public holiday, they must be paid double time (or given a day off in lieu by agreement).
Under the BCEA, employees are entitled to 15 working days (or 3 weeks) of annual leave per year, or 1.25 days per month worked.
Employees get 30 days sick leave in every 3-year cycle. In the first 6 months, sick leave is 1 day per 26 working days. After 6 months, the full 30-day entitlement is available.
4 consecutive months of unpaid maternity leave under the BCEA. Employees can claim UIF maternity benefits (up to 66% of salary) during this period.
Yes. Part-time employees accrue annual and sick leave proportionally based on hours worked compared to a full-time employee in the same role.
On termination, yes — all accrued unused annual leave must be paid out at the employee's current rate of pay. Employers cannot force employees to forfeit leave on resignation.
Yes. Annual leave and sick leave continue to accrue during maternity leave.
Any employment contract term that gives less than the BCEA minimum is void — the BCEA minimum applies automatically. The employee can lodge a complaint with the CCMA or Department of Labour.
Only on termination. You cannot pay employees a leave allowance in lieu of actual leave — they must take the time off.
Track annual, sick and family responsibility leave for every employee. TSS Payroll updates balances automatically every payroll run.
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