The Basic Conditions of Employment Act (BCEA) guarantees minimum leave entitlements for all employees in South Africa. Your employer may offer more generous leave, but never less than these minimums.
Annual Leave
| Entitlement | Amount |
|---|---|
| Minimum days | 21 consecutive days per year |
| Working days equivalent | 15 working days (3 weeks) |
| Accrual rate | 1.25 days per month |
| Payment | Normal wage during leave |
Consecutive days explained
The “21 consecutive days” includes weekends. So if you take 3 weeks off Monday to Friday, you use 15 working days but 21 consecutive days (including weekends).
Key Rules
- Leave must be taken within 6 months of the end of the leave cycle
- Employer must grant leave within 6 months of employee’s request
- Unused leave cannot be forfeited (must be paid out)
- Leave can be taken in portions by agreement
Sick Leave
| Period | Entitlement |
|---|---|
| 3-year cycle | 30 days paid sick leave |
| First 6 months | 1 day per 26 days worked |
| Medical certificate | Required if absent more than 2 consecutive days |
How It Works
- The 36-month cycle starts on your first day of employment
- After 6 months, you get access to the full 30-day entitlement
- Unused sick leave does NOT carry over to the next cycle
- You don’t get paid out for unused sick leave
Medical certificates
If you’re absent for more than 2 consecutive days, or more than twice in an 8-week period, your employer can require a medical certificate.
Family Responsibility Leave
| Entitlement | 3 days per year |
|---|---|
| Applies to | Employees working more than 4 months |
| Employees working at least 4 days per week |
When You Can Use It
- Birth of your child
- Illness of your child
- Death of spouse/life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild, or sibling
Proof may be required
Your employer can request reasonable proof of the birth, illness, or death (birth certificate, medical note, death certificate).
Maternity Leave
| Entitlement | 4 consecutive months |
|---|---|
| When to start | Anytime from 4 weeks before due date |
| Must start | At least 1 day before due date |
| Return to work | Not allowed within 6 weeks of birth (unless doctor certifies fit) |
| Miscarriage/stillbirth | 6 weeks after the event |
Pay During Maternity Leave
- BCEA does not require paid maternity leave
- You can claim UIF maternity benefits (up to 66% of salary)
- Some employers offer paid maternity leave
Parental Leave
New fathers and adoptive parents are entitled to:
- 10 consecutive days of parental leave
- Applies at birth of child or adoption placement
- Can claim UIF benefits during this time
Comparison Table
| Leave Type | Days | Paid? | Carries Over? |
|---|---|---|---|
| Annual | 15-21 | Yes | Yes (must be paid out) |
| Sick | 30 per 3 years | Yes | No |
| Family Responsibility | 3 | Yes | No |
| Maternity | 4 months | UIF claim | N/A |
| Parental | 10 days | UIF claim | N/A |
Public Holidays
South Africa has 12 public holidays per year. If a public holiday falls on a Sunday, the Monday is also a holiday.
When you work on a public holiday:
- If you don’t normally work that day: double pay
- If you normally work that day: normal pay + day off OR double pay
What Employers Cannot Do
- Force you to take annual leave instead of sick leave
- Deduct leave for time you worked
- Pay out annual leave while employed (except by agreement when leaving)
- Refuse maternity leave
- Dismiss you for taking legal leave
Keep records
Track your leave balance and keep copies of leave forms. This protects you if there’s ever a dispute.