What is family responsibility leave?
Family responsibility leave is paid leave that South African employers must give under section 27 of the Basic Conditions of Employment Act (BCEA): three days in each annual leave cycle, which an employee can take when their child is sick or when a close family member dies.
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It applies to employees who have worked for the employer for longer than four months and who work at least four days a week for that employer. Like the rest of the BCEA’s leave chapter, it does not apply to employees who work less than 24 hours a month for an employer. It is not affected by the BCEA earnings threshold, which only removes some working-time protections, so higher earners are entitled too.
When it can be taken
The employee can take the leave:
- when their child is sick; or
- when their spouse or life partner dies, or their parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling dies.
Since 1 January 2020, the birth of a child is no longer a reason for family responsibility leave. It is covered by the parental leave provisions the Labour Laws Amendment Act added to the BCEA. The illness of a spouse or parent is not a listed reason.
Pay, proof and unused days
Leave can be taken for a whole day or part of a day, and it is paid at the wage the employee would ordinarily have earned that day, on the usual payday. Before paying, the employer may ask for reasonable proof of the event, such as a doctor’s note for a sick child or a death certificate.
Unused days lapse at the end of the annual leave cycle and do not carry over. A collective agreement can change the number of days and the circumstances in which the leave is granted.
Family responsibility leave when you hire through an EOR
When you hire through TopSource as your Employer of Record in South Africa, we track each employee’s leave cycle, apply the four-month and four-day conditions, and record family responsibility leave in payroll so it is paid correctly and lapses at the right time.
Frequently asked questions
How many days of family responsibility leave do employees get in South Africa?
Three paid days in each annual leave cycle, for employees with more than four months’ service who work at least four days a week.
Can family responsibility leave be used for the birth of a child?
No, not since 1 January 2020. The birth of a child is now covered by parental leave under the BCEA.
Does unused family responsibility leave carry over?
No. Unused days lapse at the end of the annual leave cycle in which they accrue.
Related terms in South Africa
- Temporary Employment Services (South Africa)
- Section 198B Fixed-Term Rule (South Africa)
- BCEA Earnings Threshold (South Africa)
- Retrenchment (South Africa)
- Restraint of Trade (South Africa)
- Sick Leave Cycle (South Africa)
- Employment Equity Act Reporting (South Africa)
- B-BBEE Scorecard (South Africa)
- Critical Skills Work Visa (South Africa)
- POPIA and Employee Data (South Africa)
- EMP201 Monthly Return (South Africa)