HR and employment

Leave Policy (South Africa)

A workplace leave policy that sets out annual, sick, family responsibility, maternity, parental, adoption and commissioning parental leave, and how to apply for and record leave, aligned with the Basic Conditions of Employment Act.

Starting point, not legal advice. It is general information and not legal advice. Have it reviewed by a South African attorney before you rely on it. Status: compiled from public sources, not reviewed by a lawyer. Wording last checked 2026-10-31.

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The Act's minimum is 21 consecutive days, which is 15 working days for a five-day week.

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Leave Policy

[Employer name] ("we") adopts this policy with effect from [Effective date]. It applies to all employees. It gives at least the minimum leave the Basic Conditions of Employment Act 75 of 1997 provides, and where a contract, collective agreement or bargaining council agreement gives more, the better term applies.

1. Annual leave

  • Employees receive 21 consecutive days (15 working days) of paid annual leave in each 12-month leave cycle, or an equivalent calculated on days or hours worked.
  • Leave must be taken no later than six months after the end of the leave cycle in which it accrued. We decide when it is taken, after talking to the employee, taking the needs of the business and the employee into account.
  • Apply to [Person who approves leave (role or name)] at least [Notice needed to apply for annual leave] in advance. We will reply promptly in writing.
  • On termination, we pay out any accrued annual leave not yet taken.

2. Sick leave

  • In each 36-month cycle, an employee may take paid sick leave equal to the number of days the employee works in six weeks.
  • In the first six months of employment, an employee earns one day of paid sick leave for every 26 days worked.
  • We may require a medical certificate from a medical practitioner or other person registered to diagnose and treat illness, if the employee is absent for more than two consecutive days, or on two or more occasions in an eight-week period.
  • Tell [Person who approves leave (role or name)] as early as possible on the day of absence.

3. Family responsibility leave

An employee who has worked for more than four months and works at least four days a week may take three days of paid leave in each annual cycle when the employee's child is born or is sick, or on the death of the employee's spouse or life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. We may ask for reasonable proof.

4. Maternity, parental, adoption and commissioning parental leave

  • Maternity leave: at least four consecutive months, starting at any time from four weeks before the expected date of birth, or earlier if a medical practitioner advises it. Maternity leave is unpaid by us, but the employee may claim from the Unemployment Insurance Fund (UIF).
  • Parental leave: an employee who is a parent of a child may take 10 consecutive days of parental leave, starting on the day of the birth or when the child is placed in the employee's care.
  • Adoption leave and commissioning parental leave (surrogacy): as the Act provides, with notice to us as early as possible.
  • UIF may pay benefits for these types of leave. Employees should apply to UIF and we will provide the documents needed.

5. Other leave

[Extra leave you give (optional)]

Unpaid leave may be agreed with [Person who approves leave (role or name)] in writing.

6. Records

We keep a leave record for each employee for at least three years after the last entry, and give an employee their leave balance on request. Abuse of leave (for example false sick notes) may lead to disciplinary action under our disciplinary code.

When to use it

  • You want one clear policy for how leave is requested, approved and recorded
  • You are updating an older policy for parental, adoption and commissioning parental leave
  • You need to show an inspector or the CCMA what your employees were told

Before you use it

  • The Act sets minimums. Your contracts, a bargaining council or a collective agreement may give more, so check them
  • Decide what you offer above the minimum (for example paid maternity top-up, extra annual leave) and fill it in
  • Keep a leave register for every employee, and give employees their leave balance on request
  • Have an attorney review before first use if you have a bargaining council agreement or unionised staff

Related laws and frameworks

Sources

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