Learn what you need to know about leave requirements in South Africa and how Justworks EOR can help you streamline hiring.
In South Africa, employees are entitled to paid annual vacation, sick leave, and maternity and parental leave.
Employees in South Africa are entitled to a minimum of 21 consecutive days of paid annual leave or 15 business days. This leave should be used within the calendar year it’s earned. However, employees may request to carry it into the first quarter of the following year. In some cases, holidays can be accumulated for up to three years if agreed upon, as long as at least ten days are taken in the first year. During leave, employees receive their base salary plus any technical or availability supplements, along with a holiday allowance equal to 50% of their base salary.
In South Africa, employees can take as much sick leave as needed. Employers are only required to pay their salary for up to six months during sick leave. After that, the Unemployment Fund may step in to provide support. If the employee is on a fixed-term contract, salary payments stop when the contract ends, even if the illness continues. Employees are also entitled to take up to eight paid working days per year to care for a sick or injured spouse, parent, or child under 18.
In South Africa, pregnant employees are entitled to at least three months of paid maternity leave. Maternity leave typically starts at childbirth but can begin up to four weeks before the expected due date. If the company doesn’t offer childcare facilities, employees may also take up to four additional unpaid weeks after their initial leave ends, provided they give notice.
During pregnancy and for up to 12 months after birth, both the mother and father are entitled to one paid day off per month for medical appointments or childcare. Additionally, breastfeeding employees are allowed two 30-minute breaks per day during working hours to nurse their child.
Compensation during maternity leave is based on the average of the two highest monthly salaries six months prior to maternity leave. Employers provide compensation to employees and are fully reimbursed by the Unemployment Insurance Fund.
In South Africa, fathers aren’t officially entitled to paternity leave. New fathers may take one day off for the birth, which is considered a justified absence. They can also take up to seven days of unpaid leave, either consecutively or spread out. Fathers may take over the remaining maternity leave if the mother is physically or mentally unable to care for the child, or in cases of death.Â
At least one week’s notice should be given for planned pregnancies. For an unplanned pregnancy, notice must be provided as soon as possible before returning to work. Employers may also require proof explaining the reason for the unexpected absence.
South Africa observes 12 public holidays each year:Â
New Year's Day: January 1
Human Rights Day:Â March 21
Good Friday: Friday before Easter Sunday (date varies)
Family Day: Monday after Easter Sunday
Freedom Day: April 27 (observed on April 28 if it falls on a Sunday)
Workers’ Day: May 1
Youth Day: June 16
National Women’s Day: August 9
Heritage Day: September 24
Day of Reconciliation:Â December 16
Christmas Day: December 25
Day of Goodwill: December 26
Employers are generally required to suspend work on these days. However, exceptions apply to businesses that operate continuously, are exempt from weekly closures, or meet legal requirements for overtime.
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