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

Sectoral Determinations

Sectoral Determination 4 : Clothing and Knitting Sector, South Africa

16. Family responsibility leave

 

(1) This clause 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, three 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, grandparent, child, adopted child, grandchild or sibling.

 

(3) Subject to subclause (5), an employer must pay an employee for a day’s family responsibility leave—
(a) the wage the employee would ordinarily have received for work on that day; and
(b) on the employee’s usual payday.

 

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

 

(5) Before paying an employee for leave in terms of this section, an employer may require reasonable proof of an event contemplated in subclause (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 leave cycle in which it accrues.