Annual Leave for Domestic Workers — The Legal Requirements
Annual leave is a statutory entitlement under the Basic Conditions of Employment Act (Act 75 of 1997) and Sectoral Determination 7. Every domestic worker is entitled to paid annual leave, and the rules governing when it is taken, how it is calculated, and what happens to unused leave are not negotiable. Failing to grant annual leave, paying it out instead of allowing it to be taken during employment, or calculating it incorrectly are all violations of the BCEA that can result in complaints to the Department of Employment and Labour and claims at the CCMA.
How Much Annual Leave Is Your Domestic Worker Entitled To?
A domestic worker is entitled to at least 15 working days of paid annual leave per annual leave cycle — provided they work five days per week. The annual leave cycle runs for 12 months from the worker's employment start date, not from the calendar year. If your worker started on 15 March 2025, their first annual leave cycle ends on 14 March 2026. Workers who work fewer than five days per week accrue leave on a proportional basis — one day of leave for every 17 days worked is the alternative calculation method permitted under the Act, and whichever calculation produces the greater entitlement applies.
When Annual Leave Must Be Taken
Annual leave must be taken no later than six months after the end of the annual leave cycle in which it accrued. You and your domestic worker must agree on when leave is taken. You may not unreasonably refuse a leave request, and you may not instruct the worker to take leave at a time that is solely convenient for you with no regard for the worker's preferences. In practice, most domestic employers schedule annual leave over the December school holidays, which is acceptable provided the worker agrees. You must give reasonable notice of when you require the worker to take leave.
Payment During Annual Leave
Annual leave must be paid at the worker's normal daily wage rate. If your domestic worker earns R200 per day and takes 15 days of annual leave, you must pay R3 000 for that leave period. Annual leave pay cannot be replaced by an allowance, a bonus, or any other payment — the worker must receive their normal daily rate for each day of leave taken. Payment for annual leave must be made before the worker goes on leave, not after they return.
Paying Out Annual Leave Instead of Granting It
You may not pay out annual leave instead of allowing the worker to take it during the course of employment, except on termination. The BCEA prohibits substituting leave with payment while employment continues. The purpose of annual leave is rest — the law requires that workers actually take the leave, not that they receive a cash payment instead. The only time annual leave may be paid out rather than taken is when employment terminates, at which point all accrued but untaken leave must be paid out at the worker's current daily rate.
Annual Leave on Termination
When your domestic worker's employment ends for any reason — resignation, dismissal, retrenchment or death — you must pay out all accrued but untaken annual leave at the worker's current daily rate. This includes leave accrued in the current incomplete cycle. For example, if your worker is entitled to 15 days per cycle and resigns after eight months of the cycle having taken no leave, they are entitled to a pro-rata payout of 10 days' leave pay. This payout forms part of the worker's final payment and must be included in the final payslip.
Public Holidays and Annual Leave
Public holidays do not count as annual leave days. If a public holiday falls during your domestic worker's annual leave period, that day must not be counted as a leave day. The worker receives the public holiday as an additional day and their annual leave balance is not reduced for that day. South Africa has 12 public holidays per year — keeping track of these during leave periods is important to ensure correct leave balances.
Frequently Asked Questions
Can my domestic worker carry over unused annual leave to the next cycle?
Annual leave must be taken within six months of the end of the cycle in which it accrued. After that point the employer must ensure it is taken — you cannot simply allow it to lapse without granting it. If the worker reaches the end of the carry-over period without having taken their leave, you must schedule it immediately or pay it out.
What if my domestic worker works on a Saturday — does that count as a working day for leave purposes?
Annual leave is calculated in working days — the days your worker normally works. If your worker works Monday to Saturday, their working week is six days and their annual leave entitlement is calculated accordingly — 15 days under the first method or one day per 17 days worked under the alternative method, whichever is greater.
Can I require my domestic worker to take annual leave during December?
Yes, provided you give reasonable notice. Many domestic employers require workers to take annual leave over the December period. This is permitted as long as the worker is given adequate notice and the leave period does not exceed the worker's annual entitlement without their agreement.
How does MyHelper track annual leave?
MyHelper calculates your domestic worker's annual leave balance automatically based on their employment start date and working pattern. The current leave balance is shown on every payslip generated through the platform. When employment ends, MyHelper calculates the leave payout automatically and includes it in the final payslip.
MyHelper tracks annual leave, sick leave and family responsibility leave automatically. Correct balances on every payslip, every month. R399 once-off registration plus R249 per month. Get started today →
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