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

Sectoral Determinations

Sectoral Determination 6 : Private Security Sector, South Africa

11. Family responsibility leave

 

(1) This section applies to an employee—
(a) who has been in employment with an employer for longer than four months; and
(b) who works for at least four days a week for that employer.

 

(2) An employer must grant an employee, during each annual leave cycle, at the request of the employee, five days paid 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, parent in law, grandparent, child, adopted child, grandchild or sibling.

 

(3) An employer must pay an employee for a day’s family responsibility leave—
(a) the ordinary salary the employee would have received for a day worked; and
(b) on the employee’s usual payday.

 

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

 

(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 cycle in which it accrues.