Acts Online
GT Shield

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

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part E : Leave

23. 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' 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, grandchildren or sibling.


(3) An employee 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 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 payday.


(5) 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.


(6) 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.


(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.