Legal Q&A

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

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.

What the Law Says

Your Legal Foundation

Basic Conditions of Employment Act 75 of 1997

Section 20

“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

Section 22

“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

Section 27

“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.”

What to Do

Step-by-Step Guide

1Know your entitlements. Annual leave: 15 working days/year. Sick leave: 30 days per 3-year cycle. Family responsibility: 3 days/year (child birth, child illness, family bereavement).
2Provide a doctor's certificate if your employer requests one for sick leave longer than 2 consecutive days. They cannot require one for 1–2 days unless there is a pattern of abuse.
3For family responsibility leave, you must inform your employer as soon as reasonably possible and may be required to provide proof (e.g., birth certificate, death certificate).
4Annual leave must be taken by agreement. Your employer may specify when you take it, but cannot require you to take leave during a notice period or to use leave to cover sick leave.
5If leave is refused or deducted unlawfully, refer a dispute to the CCMA or the Department of Labour Labour Inspection unit.

What to Say

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

Common Questions

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.

Get Help Now

Resources & Helplines

Department of Labour

0800 60 10 11

BCEA enquiries and complaints.
CCMA

0861 16 2616

Refer leave-related disputes.

Continue Learning

Practise Your Rights — Out Loud

The Advocate helps you practise the exact words to use in 149 real South African scenarios — grounded in constitutional law and Scripture. Free to start.

Open The Advocate — Free

No credit card needed · Know Your Rights. Know Your Word.

Get the free rights checklist

10 scenarios, exact words to use, constitutional references. No credit card.