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

Notices

Bargaining Council for the Fishing Industry

Extension to Non-parties of the Main Collective Agreement

Section ll : Core Rights

Part G: Leave

Maternity Leave, Paternity, Adoption Leave, Commissioning Parental Leave

22. Family Responsibility Leave

Purchase

22.1.

This clause applies to an employee:

22.1.1.

who has been in employment with the employer for longer than hundred-and-twenty (120) calendar Days; and

22.1.2.

who has had at least seventy (70) Working Days in that period.

22.2.

At the employers' discretion an employee may be granted at his request, a maximum of five (5) Calendar Days paid family responsibility leave during each annual leave cycle, defined in subclause 22.1 above,

22.3.

Family responsibility leave may be utilized by the employee in the event:

22.3.1.

when the employee's child is born.

22.3.2.

when the employee's child is sick; or

22.3.3.

of death in the immediate family of the employee, which shall refer to the employee's parents, adoptive parent, grandparent, spouse or life partner, child, adopted child, grandchild or siblings.

22.4.

Before paying an employee for family responsibility leave in terms of this paragraph, the employer may require reasonable proof of an event contemplated in subclause 22.3 above, for which the leave was required.

22.5.

Subject to subclause 22.4 above, the employer must pay the employee for the family responsibility leave in terms of subclause 9.2 above read with subclause 10.1 above as well as the applicable chamber minimum remuneration schedule.

22.6.

An employee may not take family responsibility leave in respect of a part of a Day.

22.7.

Utilizing family responsibility leave as contemplated in terms of subclause 22.3.1 above shall only be considered where the employee makes prior arrangement with the employer, which implies that no employer is obliged to ensure that the employee is returned to be present for the birth of his child.

22.8.

Any employee who utilizes family responsibility leave shall do so for the period specified in subclause 22.2 above and shall not be paid for any additional period until he re-joins his vessel, unless the employee makes use of his annual leave as contemplated in sub-clause 19.5 above.

22.9.

An employee's unused entitlement to family responsibility leave in terms of this paragraph lapses at the end of the annual cycle.