In South Africa, the Basic Conditions of Employment Act (BCEA) stipulates that employees are entitled to a minimum of 21 consecutive days of paid annual leave for every 12 months of continuous employment with the same employer. This period is known as the annual leave cycle.

Alternative Calculation Methods

It's possible for employers and employees to agree on a different method of calculating leave. For instance, one day of leave for every 17 days worked or one hour of leave for every 17 hours worked.

Accrual and Expiry

Annual leave accumulates over the leave cycle. If leave isn't used within 6 months after the end of a leave cycle, it may expire unless there's a written agreement to carry it over.

Pay During Leave

During their annual leave period, employees must receive their full salary or wage, based on what they would have earned if they were working.

Termination of Employment

If employment is terminated, the employer must pay the employee for any accrued annual leave days that haven't been taken.

South Africa is known for its rich history and cultural diversity, which is reflected in the variety of public holidays celebrated throughout the year.

New Year's Day (January 1)

This day marks the beginning of the calendar year.

Human Rights Day (March 21)

This day commemorates the Sharpeville massacre of 1960, and is used to raise awareness of human rights issues in South Africa.

Good Friday (Variable)

This is a Christian observance marking the crucifixion of Jesus Christ. The date changes annually.

Family Day (Variable)

This day follows Easter Sunday and celebrates the importance of family. The date changes annually.

Freedom Day (April 27)

This day celebrates the first post-apartheid elections in 1994, marking the birth of democracy in South Africa.

Workers' Day (May 1)

This day recognizes the contributions of workers and highlights the labor movement.

Youth Day (June 16)

This day honors the 1976 Soweto student uprising and the role of youth in the struggle against apartheid.

National Women's Day (August 9)

This day celebrates the 1956 women's march against discriminatory pass laws, advocating for women's rights in South Africa.

Heritage Day (September 24)

This day promotes awareness and celebration of South Africa's diverse cultural heritage.

Day of Reconciliation (December 16)

This day emphasizes reconciliation and unity in South Africa's post-apartheid society.

Christmas Day (December 25)

This is a Christian holiday marking the birth of Jesus Christ.

Day of Goodwill (December 26)

This day is traditionally focused on charitable acts.

South African labor law primarily recognizes four core forms of leave. These rights are detailed within the Basic Conditions of Employment Act (BCEA) No.75 of 1997. An employee who works less than 24 hours per month for an employer is not entitled to the following types of leave.

Annual Leave

The legal basis for annual leave is Section 20 of the BCEA. Employees are entitled to 21 consecutive days of annual leave per annual leave cycle (12 months of employment). This translates to one day of leave for every 17 days worked. Leave accrues throughout the leave cycle and may be taken in agreement with the employer. An employee must be paid their full remuneration for the leave period in advance or by agreement.

Sick Leave

Sick leave is covered under Section 22 of the BCEA. Employees may take up to 30 working days of paid sick leave over a three-year period (36-month sick leave cycle). During the first six months of employment, the entitlement is one day of sick leave for every 26 days worked. Employers may require a medical certificate if an employee is absent for more than two consecutive days or has been absent on more than two occasions in an eight-week period.

Maternity Leave

Maternity leave is provided for under Section 25 of the BCEA. Female employees are entitled to four consecutive months of maternity leave. Maternity leave may start any time from four weeks before the expected due date or on a date agreed upon by a medical practitioner or midwife. There's no statutory obligation for employers to pay employees during maternity leave. However, some employers offer this benefit. Employees may be eligible for benefits through the Unemployment Insurance Fund (UIF).

Family Responsibility Leave

Family responsibility leave is covered under Section 27 of the BCEA. Employees who have worked for longer than four months and at least four days a week for the same employer are entitled to three days of paid family responsibility leave per year. This leave covers events such as the birth of the employee's child, illness of the employee's child, or death of the employee's spouse or life partner, parent, adopted parent, grandparent, child, adopted child, grandchild, brother, or sister.