Family responsibility leave is an important provision covered in South African labour law. It has been put in place to ensure that employees can take care of important family matters without worrying about sacrificing job security or losing income.
This guide will help you understand what family responsibility leave is, and how it works according to the Basic Conditions of Employment Act (BCEA).
INDEX
- What is Family Responsibility Leave
- What the BCEA says about Family Responsibility Leave
- Reasons for taking Family Responsibility Leave
- How to Apply for Family Responsibility Leave
- Frequently Asked Questions
- Video Summary
What is Family Responsibility Leave?
Family responsibility leave is a basic employee right that is granted to employees to handle certain family-related situations. Reasons for taking family responsibility leave include:
- The birth of a child
- The illness of a child
- The death of a close family member such as a spouse or life partner, parent, grandparent, child, grandchild, or sibling.
Family Responsibility Leave According to the BCEA
Section 27 of the BCEA governs family responsibility leave in South Africa. Here are the key provisions:
- Eligibility: To qualify for this leave, an employee must have worked for their employer for at least four months and work at least four days per week
- Entitlement: All eligible employees are entitled to three days of paid family responsibility leave per year
- Non-Cumulative: Unused leave does not roll over to the next year and cannot be paid out
Common Reasons for Family Responsibility Leave:
Employees may take family responsibility leave for the following reasons:
- Birth of a child: Specifically for fathers to support their partners and attend the birth of their child
- Child’s illness: When your child is sick and needs care
- Death in the family: To make arrangements after the death of a close family member and to attend the funeral. It is very important for employees to know which close family members this would cover, generally, it covers your spouse or life partner, parent, grandparent, child, grandchild, or sibling. It does not cover the death of your extended family such as aunts and uncles. Some companies will allow family responsibility leave for extended family members, but this is company-specific and not guaranteed by the BCEA.
Applying for Family Responsibility Leave
Employees should follow these steps to take family responsibility leave:
- Notify Your Employer: Let your employer know as soon as possible about your need for family responsibility leave.
- Provide Proof: Employers are entitled to request documentation of proof for taking family responsibility leave. This proof could be a medical certificate for a sick child or a death certificate in the case of a family members passing. The employer’s request for proof may seem insensitive at times, especially when dealing with a difficult time in the family.
- Follow Your Companies Policy: Make sure you adhere to your employer’s leave application process.
Frequently Asked Questions (FAQs)
1) Can family responsibility leave be used for the birth of a child?
Yes, it can be used to attend the birth of your child or support your partner during childbirth.
2) Can family responsibility leave be denied?
Employers may deny leave for the following reasons 1) if you do not meet the eligibility criteria 2) you fail to provide adequate proof for your request 3) you are requesting family responsibility leave for an extended family member or unrelated person.
3) What does family responsibility leave cover?
It covers the birth of a child, the illness of a child, or the death of close family members.
4) Does family responsibility leave cover sick parents?
No, family responsibility leave does not cover the illness of your parents. It is specifically for your child’s illness.
5) Can I take family responsibility leave during my notice period?
Typically, family responsibility leave cannot be taken during a notice period, but this depends on the employer’s discretion.
6) Which family members can I take family responsibility leave for?
Eligible family members include your spouse, life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild, and sibling.
7) How many days of family responsibility leave can I take per year?
You are entitled to three days of paid family responsibility leave per annual leave cycle.
8) What proof is required for family responsibility leave?
Proof may include:
- A medical certificate for a sick child.
- A birth certificate or documentation from the hospital for childbirth.
- A death certificate in the case of a family member’s death.
9) What is the difference between family responsibility leave and compassionate leave?
Family responsibility leave is a legal entitlement under the BCEA for specific events, while compassionate leave is not legislated and depends on company policy.
10) What is the difference between family responsibility leave and parental leave?
Parental leave (including paternity leave) is for parents to bond with a newborn or adopted child. Family responsibility leave is for immediate family-related events like sickness or death.
Key Takeaways
- Family responsibility leave ensures that employees can address critical family matters when they arise
- It is a legal right for eligible employees and is regulated by Section 27 of the BCEA
- Eligible employees are entitled to three days of paid leave annually
- Proper documentation is essential to successfully apply for this leave
Conclusion
Understanding your rights and responsibilities regarding family responsibility leave is important for both employees and employers. Know which family members are covered and which are not! This is the biggest area of disagreement between employees and employers when discussing family responsibility leave, fortunately, the BCEA is clear on this.
Have questions or experiences to share? Leave a comment below or explore our additional resources on South African labour law.
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LEGAL CONTENT DISCLAIMER
The information contained on this website is simply aimed at providing readers with guidance on labour law in South Africa. This information has not been provided to meet the individual requirements of a specific individual. Bizcraft will always suggest that legal advice be obtained to address a person’s unique circumstances. It is important to remember that the law is constantly changing and although Bizcraft strives to keep the information up to date and of high quality, it cannot be guaranteed that the information will be updated and/or be without errors or omissions. As a result, Bizcraft will under no circumstances accept liability or be held liable, for any innocent or negligent actions or omissions which may result in any harm or liability flowing from the use of or the inability to use the information provided.
February 4, 2025
Why doesn’t I get paid Family responsibility for my son that is 18 years old? and why responsibility only pay in sickness of child and not for if I have to attend school or SASSA or Home affairs…etc
January 31, 2025
In a case where you are on Annual Leave and your parent passes away – are you still allowed to apply for FRL / Compassionate Leave and may an employer refuse it?
February 2, 2025
Hi Riana, thank you for the question. Yes, in South Africa, if an employee is on annual leave and their parent passes away, they are still entitled to apply for Family Responsibility Leave (FRL), provided they qualify for it under the Basic Conditions of Employment Act (BCEA), Section 27.
Key Points:
Entitlement to FRL:
– Employees who have worked for an employer for more than four months and work at least four days a week are entitled to three days of paid Family Responsibility Leave per year.
– This leave applies to the death of an immediate family member, including a parent, spouse, child, or sibling.
Applying While on Annual Leave:
– The law does not explicitly state that FRL must be taken separately from annual leave, but the general practice (supported by the CCMA in disputes) allows employees to convert their annual leave days into FRL if they meet the criteria.
– This means the affected annual leave days should be credited back to the employee, and FRL should be applied instead.
Can an Employer Refuse?
– An employer should not unreasonably refuse a legitimate FRL request.
– However, if the employee has already used their three days of FRL for the year, the employer is not obligated to grant additional paid FRL. In that case, the employee may request unpaid leave or additional compassionate leave at the employer’s discretion.
Proof Requirements:
– Employers may request proof of the death (e.g., a death certificate or a letter from a funeral home).
What to Do If the Employer Refuses?
If the employer unreasonably refuses the request, the employee can:
– Raise a grievance internally.
– Approach the CCMA or a Bargaining Council for assistance.
January 16, 2025
Does a step father count as family responsibilty leave
January 17, 2025
Hi Adele,
Thank you very much for this great question. The BCEA is clear about parents but makes no mention of “step parents.” At the end of the day I believe that it would come down to the companies discretion. I would hope that most companies are aware of the role step parents play in the life of a step child and would be take the view that step parents are considered parents. But like I say, you need to check with your company first.