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

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Conditions of Employment Collective Agreement

Extension of Conditions of Employment Consolidated Collective Agreement to Non-parties

Chapter 3 - Regulation of Leave

3.4 Family responsibility leave

Purchase

3.4.1

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.

3.4.2

Subject to sub-clause 3.4.1 an employee is entitled to 12 (twelve) days paid family responsibility leave in the employee's Family Responsibility Leave Cycle. However, an employee may not take more than 4 (four) days family responsibility leave in the first 12 (twelve) months of employment. An employee is entitled to take family responsibility leave at the request of the employee—

(a)	When the employee's child or spouse is sick; or

(b)	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.

3.4.3

Subject to sub-clause 3.4.5, 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.

3.4.4

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

3.4.5

Before paying an employee for leave in terms of this clause, an employer may require reasonable proof of an event contemplated in sub-clause 3.4.2 for which the leave was required.

3.4.6

An employee's unused entitlement to leave in terms of this clause lapses at the end of the employee's Family Responsibility Leave cycle in which it accrues.