Fixed Term Contract - Family Responsibility Leave

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Moderator: Andrec

Posts: 1597
Joined: 15 Apr 2009, 19:02

Re: Fixed Term Contract - Family Responsibility Leave

Unread post by Andrec » 19 Aug 2009, 14:00

Please refer to section 27 of the BCEA.

Basic Conditions of Employment Act, 1997 (No. 75 of 1997)
Chapter Three: Leave
27. Family responsibility leave

1) This section applies to an employee-
a) who has been in employment with an employer for longer than four months; and
b) who works for at least four days a week for that employer.

2) An employer must grant an employee, during each annual leave cycle, at the request of the employee, three days' paid leave, which the employee is entitled to take--
a) when the employee's child is born;
b) when the employee's child is sick; or
c) in the event of the death of--
i) the employee's spouse or life partner; or
ii) the employee's parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.

3) Subject to subsection (5), an employer must pay an employee for a day's family responsibility leave--
a) the wage the employee would ordinarily have received for work on that day; and
b) on the employee's usual pay day.

4) An employee may take family responsibility leave in respect of the whole or a part of a day.

5) Before paying an employee for leave in terms of this section, an employer may require reasonable proof of an event contemplated in subsection (2) for which the leave was required.

6) An employee's unused entitlement to leave in terms of this section lapses at the end of the annual leave cycle in which it accrues.

7) A collective agreement may vary the number of days and the circumstances under which leave is to be granted in terms of this section.
SA Labour Guide Forum Team

Jan du Toit
Posts: 4622
Joined: 18 Jun 2009, 14:35
Location: Gauteng

Re: Fixed Term Contract - Family Responsibility Leave

Unread post by Jan du Toit » 23 Aug 2009, 14:21

Hi. They should pay you for the work that you have done form home even though you were on leave. Unfortunately you only qualify for family responsibility leave after 4 months employment. You should approach the Dep. of Labour for assistance regarding the reimbursements that have not been made or make use of the small claims court.
First discuss all of this with the employer and see if you can resolve.
Jan du Toit is available to assist employers with all IR related matters.

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