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

Sectoral Determinations

Sectoral Determination 12 : Forestry Sector, South Africa

Part E : Leave

26. Family responsibility leave


(1) This clause applies to a forestry worker—
(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 a forestry worker, during each 12 months of employment, at the request of the forestry worker, thee days’ paid leave, which the forestry worker is entitled to take—
(a) when the forestry worker’s child is born;
(b) when the forestry worker’s child is sick; or
(c) in the event of the death of—
(i) the forestry worker’s spouse or life partner; or
(ii) the forestry worker’s parent, adoptive parent, grandparent, child, adopted child, grandchildren or sibling.


(3) A forestry worker may take family responsibility leave in respect of the whole or part of the day.


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


(5) Before paying a forestry worker 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.


(6) A forestry worker’s unused entitlement to leave in terms of this clause lapses at the end of the annual leave cycle in which it accrues.