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South Africa Leave Laws & Holidays

Paid Time Off, Annual Leave, Sick Leave, Maternity Leave, Paternity Leave, Bereavement Leave, Jury Duty Leave, Military Leave, and Voting Leave

Table Of Contents

Last updated on August 8, 2024.

Paid Time Off (PTO) in South Africa

Vacation (Annual Leave) Quota

21 consecutive days (15 working days)

Full-time employees in South Africa are entitled to a minimum of 21 consecutive days (15 working days) of fully paid vacation. These consecutive days of vacation leave also include non-working days (for example, weekends), so employees who work standard five days a week are entitled to 15 days of vacation.

The accrual rate is either 1 day of vacation for every 17 days worked or 1 hour of vacation for every 17 hours worked.

This vacation entitlement is provided in addition to leave for public holidays.

Carry Over

Unused days of vacation leave may be carried over from one year to the next. However, an employer must ensure that days of statutory vacation leave are taken in 6 months following the completion of the vacation leave cycle.

If a national holiday falls during an employee’s vacation, the manager must provide an extra day of leave.

Vacation Pay

Vacation leave pay must be given before the beginning of the vacation.

PTO Payout at the Termination

An employer must pay any employee who leaves the company for all unused vacation days at the end of employment.

Sick Leave in South Africa

30 days of paid sick leave for every 36 months of work

During the first 6 months of employment, an employee acquires 1 day of paid sick leave for every 26 days of work.

After this initial period, from the beginning of the 7th month and ahead, employees are entitled to the following number of days of paid sick leave:

  • If they work a standard 5 days per week: 30 days.
  • If they work a standard 6 days per week: 36 days.

Employees who work for less than 24 hours a month are not entitled to paid sick leave.

The number of paid sick days resets after the end of the cycle of 3 years, and all unused sick days within the 3-year cycle are lost.

An employee must provide a medical certificate issued by an official medical practitioner when absent for more than 2 days.

Payout

During sick leave, employees receive 100% of their regular salary.

Employees who are disabled or injured at work and whose leave (and recovery) last more than 4 days receive 75% of their salary, paid by an employer for up to 3 months. (During these first 3 months, employers can request repayment from the compensation fund.)

After these initial 3 months, employees may request 75% of their normal pay from the compensation fund.

Family Responsibility Leave

3 days of paid leave per year.

Employees may take family responsibility leave, up to 3 days of paid per year, if their child is injured or sick. This leave is available to employees who have been with their employer for more than 4 months and work at least four days per week.

Maternity and Paternity Leave

Maternity Leave in South Africa

4 months

Employees in South Africa who become pregnant are entitled to 4 months of maternity leave. Maternity leave may begin any time from 4 weeks (one month) before the expected birth of a baby. On the other hand, an employee is not allowed to return to the job for six weeks after childbirth. These rules apply to all job positions, the only condition being that the employee works more than 24 hours a month.

Employees are required to inform their manager in writing at least 4 weeks before they intend to begin their maternity leave.

Payout

Maternity leave in South Africa is not paid, but employees may receive payment during this absence from South Africa’s Unemployment Insurance Fund (UIF), which is under the Department of Labour.

Maternity benefits are paid up to a maximum of 121 days. Employees may be eligible for maternity benefits, which can go up to 60% of their regular wage. Maternity pay benefits depend on their income and contributions to UIF. To receive maternity benefits, an employee must have been participating in compulsory social security contribution payments to UIF.

Maternity leave may also be extended at request, but this continuation of leave is unpaid.

Stillbirth or Miscarriage

An employee who bears a stillborn child while in the third trimester of pregnancy or suffers a miscarriage is entitled to six weeks of maternity leave following the stillbirth or miscarriage, regardless of whether they had already started their maternity leave at the time of the unfortunate event of stillbirth or miscarriage.

Paternity Leave in South Africa

10 days

Paternity leave does not exist as such under that category, but statutory paternity leave may be taken as parental leave for 10 days.

Parental Leave in South Africa

New parents of a child (fathers, surrogates, and adoptive parents) may take up to 10 consecutive calendar days of parental leave when their child is born or is adopted.

  • A father of a newborn child may take 10 days of parental leave, while his wife takes regular maternity leave for 4 months.
  • For the adoption of a child under two years old, one parent can take adoption leave for 10 consecutive weeks, while the other parent can use the 10-day parental leave.
  • Commissioning parents in a surrogate agreement are entitled to 10 consecutive weeks of commissioning parental leave. The other parent can take the 10-day parental leave.

Payout

All these sorts of parental leave are unpaid, but employees can request 66% of their income from South Africa’s Unemployment Insurance Fund (UIF)—up to a certain earnings level, beyond which an employee does not receive payment. To be eligible, an employee must be employed for 13 weeks or more.

Adoption Leave in South Africa

4 months

As already mentioned, all new parents, both male and female, are entitled to 4 months of parental leave. This leave is also intended for adoptive parents, particularly those who adopt a child under two years old.

These rules come from a decision of the High Court of S.A. in October 2023. Although this legislation is still in process, many companies have already enforced it.

Bereavement Leave in South Africa

3 days

Employees in South Africa are entitled to up to 3 days of paid bereament leave in the unfortunate event of the death of the employee’s parent or grandparent; husband, wife, or life partner; brother or sister; child, or grandchild. This leave is defined as family responsibility leave.

Jury Duty Leave in South Africa

Jury duty leave is not specified by South Africa’s leave laws.

Military Leave in South Africa

Military leave is not specified by law.

Voting Leave in South Africa

Voting leave is not specified by law.

Study Leave in South Africa

2 days of paid per year (up to a maximum of 10 days)

An employee may take 2 days of paid leave per year, up to a max. of 10 days a year. However, employers may choose how, or if, they apply this requirement. Any additional study leave beyond these 10 days may be used only as unpaid leave.

Public Holidays in South Africa for 2024

12 official public holidays

Employees may be required to work on a public holiday or a Sunday if they have agreed to do it. In this case, if an employee does not usually work on Sundays, they must be paid double their regular wages. If they usually work on Sundays, they must be paid 1.5 times their regular wages. Alternatively, paid time off in lieu (extra time off instead of overtime pay) is allowed if both an employee and an employer agree.

Date Holiday
January 1 New Year
March 21 Human Rights Day
March 29 Good Friday
April 1 Family Day
April 27 Freedom Day
May 1 Labour Day
June 16 & 17 Youth Day
August 9 National Women’s Day
September 24 Heritage Day
December 16 Day of Reconciliation
December 25 Christmas
December 26 Day of Goodwill

When an official public holiday is on a Sunday, the first following Monday is observed as a public holiday (time off in lieu).

Sources

  1. Local Laws & Regulations, https://www.atlashxm.com/en/countries/south-africa

  2. Payroll and Benefits Guide South Africa, https://www.papayaglobal.com/countrypedia/country/south-africa/

  3. Definitive Guide to Hiring in South Africa, https://www.globalexpansion.com/countrypedia/south-africa

  4. Republic of South Africa - Government Gazette, https://www.gov.za/sites/default/files/gcis_document/201409/a75-97.pdf

Check out our Leave Laws page to learn more about laws in various countries.

All materials have been prepared for general information purposes only to permit you to learn more about this region's leave laws. The information presented is not legal advice, is not to be acted on as such, and may not be current. Please contact your local legal counsel to learn more about the leave laws in your country.

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