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

Notices

Bargaining Council for the Metal and Engineering Industries

Extension of the Consolidated Main Collective Agreement to Non-parties (for the period 1 July 2021 to 30 June 2024)

Part I

42. Family Responsibility Leave

 

(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, parent in-law, grandparent, child, adopted child, grandchild or sibling.

 

(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 clause (2) above, 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.

 

(6) Periods of absence whilst on family responsibility leave, shall not count for paid leave in terms of section 12 above.

 

(7) For the purpose of this clause, "child" means a person who is under 18 year of age.

 

(8) An employee shall be entitled to parental, adoption or commissioning parental leave as provided for in the Basic Conditions of Employment Act, 1997, as amended.