Family responsibility leave in South Africa
Section 27 of the BCEA gives employees who have worked for an employer for longer than four months, and for at least four days a week, three days of paid family responsibility leave per annual leave cycle. It covers the birth or illness of a child and the death of a close family member. Unused days lapse at the end of the cycle and are never paid out.
Payroll Africa Editorial · SARS Payroll Compliance Team
The Payroll Africa editorial team is composed of registered tax practitioners, payroll administrators and BCEA specialists who maintain the SARS PAYE, UIF, SDL and ETI engines that power the platform. Every article is reviewed against the current SARS BRS and Basic Conditions of Employment Act before publication.
- SARS registered tax practitioners
- SAPA-affiliated payroll administrators
- BCEA and LRA compliance reviewers
Last updated 26 Aug 2026
Who qualifies
Family responsibility leave is not available from day one. The employee must have been employed for longer than four months and must work at least four days a week for that employer. Employees working fewer than four days a week are excluded by the BCEA, though a contract may grant it anyway.
- Service requirement: more than four months
- Hours requirement: at least four days a week
- Entitlement: three paid days per 12-month leave cycle
- Days do not accumulate and are not paid out
- Paid at the employee's normal rate of pay
What events are covered
The BCEA lists the qualifying events narrowly. An employer may be more generous, but may not offer less.
- When the employee's child is born (see also 10 days' parental leave)
- When the employee's child is sick
- Death of the employee's spouse or life partner
- Death of a parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling
Proof an employer may require
An employer may require reasonable proof of the event before paying the leave — a birth certificate, a death certificate or funeral notice, or a medical certificate for a sick child. Refusing to pay without asking for proof, or demanding documents that do not exist, both create risk at the CCMA.
Family responsibility leave versus parental and compassionate leave
Family responsibility leave is often confused with the 10 days of parental leave introduced in 2020. Parental leave is unpaid by the employer and claimable from UIF; family responsibility leave is three days paid by the employer. A parent may use both for the same birth.
There is no statutory 'compassionate leave' in South Africa — bereavement is covered by the three family responsibility days, and anything beyond that is annual leave, unpaid leave or a discretionary company benefit.
Frequently asked questions
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