| (1) |
This clause applies to an employee— |
| (a) |
who has been in employment with an employer for longer than 4 (four) months; and |
| (b) |
who works for at least 4 (four) days a week for that employer. |
| (2) |
An employer must grant an employee, once only per benefit year, at the request of the employee, 5 (five) days' paid leave, which the employee is entitled to take— |
| (a) |
when the employee's child 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. |
| (c) |
In the event of the illness of— |
| (i) |
The employee's spouse or life partner. |
| (3) |
Subject to sub clause (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 pay day.
| (4) |
In the event of the death of the employee's spouse, life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling, the employee will be entitled to a further 4 (four) working days unpaid leave, provided that the employee notifies the employer at least 24 (twenty-four) hours in advance and that the employee provides reasonable proof of the event. If the employee has given notice and proof of the event, the employer will not be entitled to take disciplinary action against the employee. |
| (5) |
An employee may take family responsibility leave in respect of the whole or a part of a day. |
| (6) |
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, provided that, if the unpaid leave is granted in terms of sub clause (4), such proof is compulsory. |
| (7) |
An employee's unused entitlement to leave in terms of this clause lapses at the end of the benefit year in which it accrues. |
South African Council for Educators Act, 2000
