Rights Guide

Leave Rights in South Africa: Annual, Sick, and Family Leave

Every employee in South Africa is entitled to at least 15 days' annual leave, 30 days' sick leave per three-year cycle, and 3 days' family responsibility leave per year under the BCEA.

Free South African Law 3 related guides
Direct Answer
The Basic Conditions of Employment Act gives every employee (earning below the threshold) at least 15 working days' annual leave per year, 30 days' paid sick leave per three-year cycle, and 3 days' paid family responsibility leave per year. Your employer cannot legally deny these or deduct pay for legitimately taken leave.
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Basic Conditions of Employment Act 75 of 1997
“An employee is entitled to 21 consecutive days' annual leave (15 working days on a 5-day week) on full remuneration in respect of each annual leave cycle of 12 months.”
Basic Conditions of Employment Act 75 of 1997
“An employee is entitled to 36 working days paid sick leave in every 3-year cycle. During the first 6 months of employment, the entitlement is 1 day for every 26 days worked.”
Basic Conditions of Employment Act 75 of 1997
“An employee is entitled to 3 days' paid family responsibility leave per annual leave cycle when the employee's child is born, when the employee's child is sick, or in the event of the death of a family member.”

Step-by-Step Guide

Exact Words to Use

“"I am entitled to [annual/sick/family responsibility] leave under Section [20/22/27] of the Basic Conditions of Employment Act. Please confirm approval in writing or provide written reasons for refusal within 3 days."”
Tone: Written request to HR/manager
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Frequently Asked Questions

Can my employer pay me out instead of giving me annual leave?
Only on termination of employment. During employment, annual leave must be taken as actual leave — it cannot be replaced by a cash payment. If your employer is paying you "in lieu of leave" instead of letting you take it, this may be unlawful.
What happens to my leave if I am dismissed?
Any accrued but untaken annual leave must be paid out on termination. Failure to do so is a BCEA violation referable to the CCMA or Department of Labour.

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