6 June 2025
Sections 19 to 27 of the Basic Conditions of Employment Act (“BCEA”) govern employee annual leave entitlement. The Act states that the provisions for annual leave do not apply to an employee who works less than 24 hours per month for an employer. Additionally, these provisions do not apply to leave granted to an employee in excess of the entitlement allowed under the minimum set out in the BCEA.
An annual leave cycle is a period of 12 months with the same employer, calculated from the employee’s commencement of employment or from the completion of that employee’s previous leave cycle. The entitlement is 21 consecutive days of annual leave on full remuneration per each annual leave cycle. If an employee works a five-day week, this is equivalent to 15 working days.
Sick leave entitlement
The sick leave entitlement is the number of days an employee would typically work during a six-week period in every three-year cycle, calculated from the first day of employment. Sick leave is not 10 days per year – it is rather 30 days per three years.
Any sick leave remaining to the employee’s credit at the end of a sick leave cycle is forfeited and not carried over to the next leave cycle. Any sick leave remaining to the employee’s credit upon termination of the employment agreement by either party is forfeited, and the employee is not entitled to receive any payment for any sick leave days outstanding to their credit.
Medical certificates
An employee who is off sick for more than two consecutive days is required to produce a medical certificate signed by a registered medical practitioner. In other words, a medical certificate signed by a clinic sister or traditional healer is not lawful unless he or she is registered as a medical practitioner. If the employee fails to produce the required medical certificate, the employer is entitled to treat the period of absence as unpaid leave.
Injury on Duty and Sick Leave.
Suppose an employee is unable to work because of an accident or occupational disease, as defined in the Compensation for Occupational Injuries and Diseases Act (“COIDA”). In that case, any period of absence is not taken from ordinarily sick leave unless there is no compensation payable in terms of the Act.
Maternity Leave Entitlement
Maternity leave is typically four months of unpaid leave, depending on the employer’s policies. The Act does not stipulate at what stage of the pregnancy the employee is obliged to inform the employer of her pregnancy condition. An employer is obligated to keep an employee’s job open, and no employee may be dismissed on grounds of pregnancy or for any reason related to pregnancy or intended pregnancy.
Any arrangements between the employer and employee regarding payment of salary or benefits during maternity leave remain a matter between the employer and employee and have nothing to do with any provision of the Act. Maternity leave is not automatically paid leave; however, benefits are payable to if the employer has signed an employment contract to that effect. The employee must inquire with the Department of Employment and Labour regarding maternity benefits payable under UIF.
Family Responsibility leave
Family responsibility leave is currently an allowance of 3 days on full pay per year. Suppose an employee does not utilise the family responsibility leave during any one year. In that case, any part of
the allowance remaining at the end of the year is forfeited and will not carried over to the next year.
Family responsibility leave is available only to employees who have been employed by the same employer for more than 4 months and who work more than 4 days per week for that employer.
Unpaid leave
No provision in the BCEA entitles an employee to take unpaid leave. Unpaid leave is referred to in the Act only in terms of what the employer is entitled to do when an employee’s sick leave or annual leave has been exhausted – the employer may then allow (or require) the employee to take unpaid leave. However, no provision in the Act allows an employee to demand that they be permitted to take unpaid leave.
UASA believes that knowledge is the first line of defence in the workplace. Understanding your rights under South African labour law is crucial, especially when it comes to leave entitlement. From annual and sick leave to maternity and family responsibility leave, the Basic Conditions of Employment Act (“BCEA”) outlines clear provisions that every worker should know.
Unfortunately, many employees remain unaware of what they are entitled to, which can leave them vulnerable to unfair treatment. UASA is committed to educating workers about the legal frameworks that govern their working conditions.
Ref: www.labourguide.co.za www.labourwise.co.za www.uasa.org.za