Understanding the Different Types of Leave Entitlements

The different types of leave under the Basic Conditions of Employment Act (BCEA) are annual leave, sick leave, maternity leave, parental leave, and family responsibility leave. These leave types establish minimum entitlements for employees, though employment contracts can offer more.  

Types Of Leave 

Annual Leave

Employees are entitled to at least 21 consecutive days of paid leave per year, or one day of leave for every 17 days worked. This amounts to 15 working days for those employees who work from Monday to Friday. 

Sick Leave

For every three-year cycle, employees are entitled to the number of days they would typically work in six weeks. During the first six months, they can take one day of paid sick leave for every 26 days worked. 

Maternity Leave

Female employees are entitled to four consecutive months of leave. This leave is unpaid, but employees can claim benefits from the Unemployment Insurance Fund (UIF).  

Parental Leave

This includes adoption leave and commissional parental leave for employees who are adopting a child or have a child born through a surrogate mother. The Constitutional Court judgement on 3 October 2025 ushered in extensive changes to parental leave, effective immediately.  Where both parents (biological, adoptive, or commissioning) are employed, they are jointly entitled to 4 months and 10 days of parental leave. (This is not in addition to maternity leave.)

The parents may take this leave concurrently or consecutively, depending on what they agree. Each parent, however, must take their portion of leave as a single, uninterrupted period. As with Maternity Leave, this leave is unpaid, but female employees can claim benefits from the UIF. The Constitutional Court did not amend the Unemployment Insurance Act, and it is unlikely that UIF claims from fathers, adoptive parents, or commissioning parents will be entertained in the near future. 

Family Responsibility Leave

Employees are entitled to three paid days of leave per year to attend to family emergencies, such as the death or serious illness of a spouse, child, parent, or other immediate family member (sibling, grandparent or grandchild).