When it comes to Family Responsibilities. How much is the Employee Entitled to?

Employees who have been in employment with the same employer for more than four (4) months and who work for the same employer for at least 4 days per week are entitled to three (3) days Family Responsibility Leave on full pay, per annum, with the exception of domestic workers, whose entitlement is five (5) days.

Family Responsibility Leave in addition to any other leave entitlement and any unused portion lapses at the end of each year and is not cumulative. Family Responsibility Leave applies when the employee’s child is born when the employee’s child is sick, or in the event of the death of the employee’s spouse or life partner, or the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.

The employee may take Family Responsibility Leave as a part of a day or a whole day. The employer is entitled to demand proof of the event in respect of which the Family Responsibility Leave is requested, such as a death certificate, or a medical certificate issued by the hospital.

The employer should bear in mind that in the majority of cases, such proof may only be available upon the employee’s return to work and employers should be reasonable in that regard.

Three instances when you have to grant Family Responsibility Leave:

  • A child is born – the father
  • A child is sick
  • In the event of the death of the employee’s spouse or life partner, or the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.

Three instances when you do not have to grant Family Responsibility Leave:

  • The Basic Conditions of Employment Act does not refer to in-laws under Family Responsibility Leave. So you can decide if you are willing to give an employee off if one of his in-laws dies – just be sure to be consistent, what is good for one employee must be good for all other employees.
  • You do not have to give Family Responsibility Leave if your employee’s child-minder is sick
  • You do not have to give Family Responsibility Leave to employees who work for you for less than four days per week.

Choose Cape Labour

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