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

Sectoral Determinations

Sectoral Determination 13 : Farm Worker Sector, South Africa

Part E : Leave

23. Family responsibility leave


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


(3) A farm 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 farm worker for a day’s family responsibility leave—
(a) the wage the farm worker would normally have received for work on that day; and
(b) on the farm worker’s usual payday.


(5) Before paying a farm 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 farm worker’s unused entitlement to leave in terms of this clause lapses at the end of the annual leave cycle in which it accrues.