Family Responsibility Leave in South Africa

Imagine your child suddenly becomes sick, or someone close to you passes away. These situations can make it difficult to focus on work.

South African labour law recognises that employees sometimes need time to deal with important family responsibilities.

The Basic Conditions of Employment Act (BCEA) provides family responsibility leave for certain employees and certain family situations.

Who can qualify?

Generally, an employee who has worked for the same employer for longer than four months and works at least four days a week for that employer can qualify for family responsibility leave under the BCEA.

When can you use family responsibility leave?

The BCEA allows family responsibility leave for certain situations, including:

• When your child is sick.
• When your spouse or life partner is sick.
• When your child is born.
• When your spouse or life partner gives birth.
• When certain close family members die.

The exact family relationships covered by the law should be checked carefully, especially when dealing with extended family.

How much family responsibility leave do you get?

An eligible employee can generally take up to three days of paid family responsibility leave per annual leave cycle.

There are specific rules about when the leave can be used and what proof your employer may request.

Can your employer ask for proof?

Yes. Your employer may require reasonable proof of the event before paying you for family responsibility leave.

For example, if you take leave because a family member has died, your employer may ask for appropriate documentation.

What should you do?

• Tell your employer as soon as possible.
• Explain why you need the leave.
• Follow your company's leave procedure.
• Provide supporting documents if they are required.
• Keep a record of your leave days.

Remember: Family responsibility leave is not the same as annual leave. It exists to help employees deal with certain important family situations.

Job seeker tip: When you start a new job, learn how your company handles family responsibility leave. It is better to know the process before an emergency happens.