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

Sectoral Determinations

Sectoral Determination 7 : Domestic Worker Sector, South Africa

Part E : Leave

21. Family responsibility leave


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


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


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