This post promises to shed more light on family responsibility leave in South Africa for both employers and employees.
So after reading this post, you will have a better understanding of family responsibility leave both as an employer and as an employee.
With the exception of domestic workers, who are entitled to five (5) days of family responsibility leave.
Employees who have worked for the same company for more than four (4) months and for at least four days per week are entitled to three (3) days of paid family leave per year.
In addition to any other leave benefits, family responsibility leave is not cumulative and any unused time is forfeited at the end of each year.
So might want to exhaust it before returning to work since it does not roll over.
Who is qualified for family responsibility leave?
When an employee’s child is born, when that child is ill, or when that employee’s spouse, life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild, or sibling pass away, family responsibility leave is applicable to that employee.
The employee has the option of taking a full or partial day off for family responsibility.
The employer is authorized to require documentation of the circumstance supporting the request for family leave, such as a death certificate or a hospital-issued medical certificate.
Employers should be reasonable in this situation and keep in mind that, in most situations, such proof won’t be available until the employee returns to work.
Situations in which family responsibility leave is offered
— In the event that the employee’s spouse, life partner, parent, adoptive parent, grandmother, child, adopted child, grandchild, or sibling pass away.
The “child” in this context refers to a person who is under the age of 18.
Situations in which family responsibility leave is not applicable:
The family responsibility leave provisions of the Basic Conditions of Employment do not apply to in-laws.
If one of the employee’s in-laws passes away, you can determine whether or not to let them go.
Just remember to be consistent; what’s good for one employee must also be good for all other employees.
If the employee’s childcare provider is ill, you are not required to grant family responsibility leave.
Employees who only work for you three or fewer days per week are not entitled to family leave.
An employer may request reasonable documentation before paying an employee for leave under the rules of this section.
At the conclusion of each annual cycle, an employee’s remaining claim to Family Responsibility Leave expires.