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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 11 : Taxi Sector

Part E : Leave

21. Family responsibility leave


(1) This clause applies to an employee—
(a) who has been employed by an employer for longer than four months; and
(b) who works on at least four days a week for that employer.


(2) An employer must grant an employee, during each 12 months of employment, at the request of the employee, three days' paid leave, which the employee is entitled to take—
(a) when the employee's child is born;
(b) when the employee's child is sick; or
(c) in the event of the death of—
(i) the employee's spouse or life partner; or
(ii) the employee's parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.


(3) An employer and an employee may conclude a written agreement in terms of which an employer may reduce an employee's entitlement to annual leave in terms of clause 19 of this determination by the number of days of family responsibility leave on full remuneration granted to the employee at the employee's request in terms of this clause.


(4) An employee may take family responsibility leave in respect of the whole or part of the day.


(5) Subject to sub-clause (6), an employer must pay an employee for a day's family responsibility leave—
(a) the wage the employee would normally have received for work on that day; and
(b) on the employee's usual pay-day.


(6) Before paying an employee for leave in terms of this clause, an employer may require reasonable proof of an event contemplated in sub-clause (2) for which the leave was required.


(7) An employee's unused entitlement to leave in terms of this clause lapses at the end of the annual leave cycle in which it accrues.