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Labour Relations Act, 1995 (Act No. 66 of 1995)


Bargaining Council for the Metal and Engineering Industries

Main Collective Agreement

Part 1 : Conditions of Employment

42. Family Responsibility Leave



For purposes of this clause, “child” means a person who is under 18 years of age, provided that for purposes of subclause 42(2)(iv)(b) this age shall not apply.


(1) This section applies to an employee who has been in the employ of the same employer for four months or longer.


(2) An employer must, at the request of the employee, grant the employee three days’ paid leave, during each annual leave cycle, which the employee is entitled to take-
(i) When the employee’s child is born;
(ii) When the employee’s child is sick;
(iii) When the employee’s spouse is sick; or
(iv) In the event of the death of –
(a) the employee’s spouse or life partner; or
(b) the employee’s parent, adoptive parent, grant parent, child, adopted child, grand child, sibling and/or parents-in-law;
(c) The parties agree to amend the compassionate leave provision of he Sick Pay Fund Agreement to allow for an accumulation of the existing three days per annum compassionate leave over a three year cycle.

It is the intention of the parties that this mechanism in conjunction with the existing Provision on FLR in the Main Agreement will effectively entitle an employee to accumulate up to eighteen days family responsibility leave over a three year cycle.

[Subclause (iv) substituted by Government Notice R. 268 dated 12 April 2013]


(3) An employee may take family responsibility leave in respect of the whole or a part of a day.


(4) Before paying an employee for this leave an employer may require reasonable proof of the event contemplated in (2) above for which the leave was required.


(5) An employee’s unused entitlement to leave in terms of this section, accrues to a maximum of nine days paid leave over a three-year period of employment.  This accrued leave may be used in the event of the death of any of the persons detailed in (2)(iv) above.