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

Sectoral Determinations

Sectoral Determination No 5: Learnerships

26. Family responsibility leave


(1) This clause applies to a learner:
(a) who has been in employment with an employer for longer than four months; and
(b) who works for at least four days a week for that employer.


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


(3) Subject to subclause (5), an employer must pay a learner for a day's family responsibility leave—
(a) the allowance the learner would ordinarily have received for work on that day; and
(b) on the learner's usual pay day.


(4) A learner may take family responsibility leave in respect of the whole or a part of a day.


(5) Before paying a learner for leave in terms of this clause, an employer may require reasonable proof of an event contemplated in subclause (2) for which the leave was required.


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


(7) A collective agreement may vary the number of days and the circumstances under which leave is to be granted in terms of this clause.