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

Notices

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 3 : Leave

22. Family responsibility leave

 

(1) For the purposes of this clause—
(a) an "immediate family member" means an employee's spouse or life partner, child, adopted child, grandchild, parent, adoptive parent, grandparent, sibling or the biological or adoptive parent of an employee's spouse or life partner;
(b) "life partner" means a person who is a party to a heterosexual or homosexual relationship with the employee that is intended to be permanent, exclude any other person and involves cohabitation.

 

(2) An employer must grant an employee, including a part-time employee, up to a maximum of five working days leave per year on full pay for the following occurrences—
(a) the death or serious illness of an immediate family member;
(b) the birth of a child of which the employee is the biological father.

 

(3) The employee must provide his or her employer with satisfactory proof of each occurrence in the form of a death, medical or birth certificate as the case may be.

 

(4) If an employer does not accept proof of an occurrence, the employee may, on good cause, appeal to the Council. After considering all relevant facts, the Council may either uphold or reverse the employer's decision.

 

(5) An employee must be credited with one working day for each day of leave granted in terms of subclause (2).