South Africa Leave Laws and Holidays

Fathers are entitled to 10 consecutive days of paternity leave when their child is born.

Employees should inform their employer of the date they intend to start paternity leave as soon as it is reasonably possible.

Paternity leave does not require employer approval, but employees are required to notify their employer.

Additional paternity leave beyond the 10 days is not typically available.

Paternity leave does not accrue as it is granted per event (birth of a child) and is not related to the length of employment.

There is no carry over for paternity leave as it must be taken at the time of the child’s birth.

Paternity leave is not paid out upon termination as it must be used at the time of the child’s birth.

There is no end of year payout for paternity leave as it is event-based.

Paternity leave is specifically intended to be used at the time of birth and cannot be used at any other time.

Unpaid leave is not mandated by law and is usually granted at the discretion of the employer or as per specific agreements in employment contracts.

The notice period for unpaid leave can vary greatly and is typically outlined in the employment contract or employer's leave policy.

Unpaid leave requires the approval of the employer and is not an entitlement under standard employment law.

Additional unpaid leave is entirely at the discretion of the employer and depends on the circumstances and the employer’s policies.

Unpaid leave does not follow standard accrual rules as it is not a legal entitlement but rather a matter of agreement between employer and employee.

Carry over rules do not apply to unpaid leave as it does not accrue and is granted based on specific circumstances.

There is no payout for unused unpaid leave upon termination as it does not accumulate like paid leave.

Unpaid leave does not qualify for end of year payouts as it is not accrued.

Unpaid leave often requires a special agreement, detailing the terms, duration, and conditions under which it is granted.

Employees are entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks, for every three-year cycle. This typically equates to 36 days for employees working five days a week.

Employees must inform their employer as soon as reasonably possible if they are absent from work due to illness.

While prior approval is not needed for taking sick leave, a medical certificate is required if the absence is longer than two consecutive days, or if more than two occasions of sick leave are taken during an eight-week period.

There is no provision in law for additional sick leave above what is stipulated in the three-year cycle; any further sick leave would be unpaid unless otherwise stated by employer policy.

Sick leave entitlement accrues over a period of three years from the first day of employment or from the completion of the prior three-year cycle.

Unused sick leave does not carry over to the next three-year cycle; it is forfeited.

There is no payout for unused sick leave upon termination of employment.

Unused sick leave is not paid out at the end of the year or any other time except upon termination, where it is not paid out either.

Employers are not required to pay employees for sick leave taken if the absence is longer than two consecutive days or more than twice in an eight-week period without a medical certificate.

Study leave is not mandated by law and is granted at the discretion of the employer. Policies on study leave may vary significantly between organizations.

The notice period for study leave should be stipulated in the employment contract or employee handbook, as this type of leave is governed by company policy rather than law.

Study leave requires the approval of the employer and is subject to company policy regarding the relevance of the study to job duties and company operations.

Any additional study leave is at the employer's discretion and is typically influenced by the relevance and benefit of the study to the employer.

Study leave does not accrue as it is not mandated by law and is entirely dependent on employer policy.

Carry over rules for study leave are set by the employer and are not covered by statutory regulations.

There is no legal requirement for a payout of unused study leave upon termination, as this type of leave is not mandated by law.

There is no statutory requirement for payout of unused study leave at the end of the year.

Employers may require proof of enrollment and successful completion of studies for the granting of study leave and may also require the employee to remain with the company for a certain period after completing studies.

In a surrogacy arrangement, the commissioning parent is entitled to 10 weeks of commissioning parental leave. This leave can be taken by one of the commissioning parents, while the other may opt for adoption leave.

Notice should be given as soon as reasonably possible, typically once the surrogacy agreement is legally confirmed.

Commissioning parental leave does not require approval, but the employer should be notified in a reasonable time frame.

No additional quota for commissioning parental leave beyond the set 10 weeks is typically available.

Like other family-related leaves, commissioning parental leave does not accrue and is granted per event.

This leave is intended to be used at the time of the child's birth and therefore cannot be carried over.

There is no payout for unused commissioning parental leave upon termination of employment.

There is no provision for an end of year payout for unused commissioning parental leave.

This leave is specifically designed for parents who become parents through a surrogacy arrangement, allowing them time to bond with and care for their newborn.

Adoptive parents of a child under two years old are entitled to 10 weeks of consecutive adoption leave. Alternatively, one parent can apply for adoption leave and the other for commissioning parental leave.

Employees must provide reasonable notice before commencing adoption leave, typically as soon as the adoption order is granted or the court date is set.

Adoption leave does not require approval but must be communicated to the employer with reasonable notice.

The leave provided for adoption is fixed at 10 weeks and additional leave typically would not be granted beyond this, though unpaid leave options might be available.

Adoption leave does not accrue over time but is granted per adoption event for a child under two years old.

Adoption leave must be taken following the adoption and cannot be carried over.

Adoption leave does not involve a payout upon termination as it must be used in relation to the adoption event.

There is no end of year payout for adoption leave as it is designed to be used specifically at the time of adoption.

This leave applies specifically to the adoption of a child under two years old. If an older child is adopted, other leave options may need to be considered.

Employees are entitled to 21 consecutive days of paid annual leave per annum on full remuneration, based on a five-day workweek, or 1 day of leave for every 17 days worked, or 1 hour for every 17 hours worked.

Employers and employees should negotiate the timing of leave. An employer can determine the timing of annual leave if a mutual agreement can't be reached, with at least 14 days notice typically given.

The taking of annual leave must generally be approved by the employer and should be scheduled according to work requirements.

Additional annual leave above the statutory requirement is not mandated by law and is dependent upon the terms of the employment contract or employer policies.

Annual leave accrues monthly at a rate determined by dividing the total annual leave days by 12 months.

Carry over of annual leave into the next annual leave cycle is permissible, but it is typically capped and regulated by the employer's leave policy.

Any accrued annual leave that has not been taken at the time of termination of employment must be paid out to the employee.

There is no statutory requirement for end of year payout of unused annual leave except upon termination of employment.

Annual leave taken by an employee must not coincide with any period of sick leave or maternity leave granted to the employee.

Employees are entitled to 10 consecutive days of parental leave when they become parents through birth, adoption, or surrogacy.

Employees should give notice at least one month before they commence parental leave or as soon as reasonably possible.

Parental leave is a statutory right, and while approval is not required, employees must notify their employer of the intended dates of leave.

Additional parental leave beyond the 10 days is not provided under the law, but may be negotiated with the employer.

Parental leave is granted per event and does not accrue over time.

Carry over of parental leave does not apply as the leave is granted per event.

Unused parental leave is not paid out upon termination of employment.

There is no end-of-year payout for unused parental leave.

Parental leave is available equally to mothers and fathers and applies to adoption and surrogacy as well.

Pregnant employees are entitled to four consecutive months of maternity leave, usually commencing four weeks before the expected date of birth and continuing until the completion of 12 weeks after the birth.

Employees are required to give their employers at least four weeks' notice before beginning maternity leave unless medically advised otherwise, or in the case of premature birth.

While formal approval is not necessary, the employee must notify their employer in writing of the date on which they intend to commence maternity leave and return to work.

There are no legal provisions for extending maternity leave beyond the four months. Any extension would be unpaid unless agreed otherwise with the employer.

Maternity leave does not accrue; it is a once-off entitlement per pregnancy.

There is no carry over aspect relevant to maternity leave as it is event-based, not accruing over time.

Maternity leave is unpaid unless specified by the employer, and there is no payout for unused maternity leave upon termination.

There is no provision for any end of year payout for maternity leave as it does not accrue annually but is granted per pregnancy.

It is unlawful to dismiss an employee on account of her pregnancy, during her maternity leave, or within six weeks after her return to work.

Employees are entitled to 3 days of paid family responsibility leave per annual cycle, applicable after 12 months of employment with the same employer.

Employees must notify their employer as soon as reasonably possible when taking family responsibility leave. The nature of the leave often requires immediate attention.

While family responsibility leave is a right, employers may require reasonable proof of the event necessitating the leave, such as a death certificate or medical documentation.

The law specifies the entitlement and does not generally allow for additional family responsibility leave beyond the three days per year.

Family responsibility leave does not accrue and is reset at the beginning of each annual cycle.

Unused family responsibility leave does not carry over to the next year; it is forfeited.

There is no payout for unused family responsibility leave upon termination of employment.

There is no end-of-year payout for unused family responsibility leave.

Family responsibility leave applies to certain events such as the birth of a child, sickness of a child, or death of an immediate family member.

Compassionate leave typically provides employees with a short period of leave (usually 3 days) following the death of a close family member. It is granted in exceptional circumstances and is subject to employer discretion.

Employees must inform their employer as soon as possible about the need for compassionate leave. Depending on the circumstances, the employer may request documentation, such as a death certificate.

Compassionate leave is subject to the employer's approval. The employer may request proof of the family member's death and the relationship to the employee before granting leave.

In certain cases, employers may provide additional compassionate leave if the circumstances warrant it, such as when an employee needs to attend a memorial service or provide further support to their family.

Compassionate leave is not accrued and is provided as a special entitlement based on the specific situation. It is not a regular form of leave and is only granted in response to certain family emergencies.

Compassionate leave cannot be carried over from one year to another and must be used within the same year the leave is granted.

Compassionate leave is not paid out when an employee leaves the company. It is a special form of leave that is granted based on specific situations.

Unused compassionate leave is not paid out at the end of the year and cannot be carried over to the next year.

Compassionate leave is designed to give employees time off to manage the emotional and logistical challenges that come with a death in the family. It is typically granted for a short period to address urgent matters.