- The Act outlines minimum leave entitlements for most employees in South Africa.
- Employees must follow proper procedures and provide valid reasons for leave.
- Employers must manage leave fairly, lawfully, and consistently.
Employee leave and absenteeism remain central issues in South Africa’s evolving labour landscape. Understanding the applicable dos and don’ts, particularly within the framework of the Basic Conditions of Employment Act 75 of 1997 (the BCEA), is essential for fostering fair, compliant, and transparent workplace practices.
This opinion outlines the statutory entitlements and responsibilities both employers and employees must observe, with specific emphasis on leave types, lawful expectations, and accountability measures.
The Basic Conditions of Employment Act 75 of 1997 establishes minimum standards for paid leave to which all employees are entitled, regardless of their earnings threshold or managerial status. The BCEA does not apply to an employee who works less than 24 hours a month for an employer.
Absenteeism refers to instances where an employee is absent from work without valid reason, particularly over extended periods of time. Where such absenteeism is repeated and willful, or where the employee’s absence has a detrimental impact on the employer’s business, dismissal may be justified.
Types of leave
Annual Leave: In terms of Section 20 of the BCEA, every employee is entitled to 21 consecutive days of annual leave on full remuneration for each annual leave cycle. For employees working a five-day week, this equates to 15 working days of paid leave.
Sick leave: In accordance with Section 22 of the BCEA, the employee is entitled to an amount of paid sick leave equivalent to the number of days the employee would normally work during a period of six weeks, in respect of each three-year sick leave cycle. If the employee works a five-day week, this equates to 30 working days.
Family responsibility leave: In terms of Section 27 of the BCEA, an employee is entitled to three days of paid family responsibility leave per annual leave cycle.
Maternity leave: In terms of Section 25 of the BCEA, the employee is entitled to four consecutive months of unpaid leave. The employee may claim income benefits from the Unemployment Insurance Fund (UIF).
Parental leave: In terms of Section 25A of the BCEA, the employee is entitled to 10 consecutive days of unpaid leave. The employee may claim benefits from the UIF.
Adoption leave: In terms of Section 25B of the BCEA, the employee is entitled to 10 consecutive days of unpaid leave. The employee may claim benefits from the UIF.
Commissioning parental leave: In terms of Section 25C of the BCEA, the employee is entitled to 10 consecutive days of unpaid leave. The employee may claim benefits from the UIF.
Key takeaways
What the employee should do:
- Apply for annual leave in advance and wait for approval from the employer.
- For compassionate or emergency leave, notify the employer but need not wait for approval before taking leave.
- Communicate requests for leave clearly to the employer.
- Provide required documents, such as medical certificates for sick leave, when requested.
- Give a reason for any absence from work.
- Read and understand the company’s leave policies and procedures.
What the employee should not do:
- Assume annual leave is automatically granted without approval.
- Take leave without prior approval.
- Ignore company policies on leave.
What the employer should do:
- Have clear, accessible leave policies and procedures.
- Respond to leave requests fairly and efficiently.
- Provide justifiable reasons for approving or rejecting leave requests.
- Keep accurate records of employee leave.
- Ensure employees understand their leave entitlements.
- Expect valid justification for any employee absence.
- Comply fully with the BCEA provisions.
What the employer should not do:
- Be unreasonable in assessing leave requests.
- Refuse leave without a valid reason.
- Discriminate or show inconsistency in leave approvals.
Conclusion
Both the employer and employee should comply with the employment contract and the relevant leave policies and procedures, while maintaining direct and transparent communication.
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