Family Responsibility Leave: 5 Days Domestic Workers Are Legally Entitled To

SD7 Is More Generous Than the General BCEA

The Basic Conditions of Employment Act provides 3 days of family responsibility leave per year for most workers. However, Sectoral Determination 7 — which governs domestic worker employment specifically — provides 5 paid days of family responsibility leave per annual leave cycle. The SD7 provision is more favourable and is therefore the one that applies to all qualifying domestic workers. If you are applying the general 3-day BCEA rule to your domestic worker, you are in breach of Sectoral Determination 7.

Who Qualifies?

A domestic worker is entitled to 5 days of paid family responsibility leave if they have been employed for longer than four months and work at least four days per week for the employer. Workers employed for less than four months or who work fewer than four days per week do not qualify for this leave entitlement.

When Can It Be Taken?

Family responsibility leave applies when:

• The employee's child is born
• The employee's child is sick
• The employee's spouse or life partner dies
• The employee's parent, adoptive parent or grandparent dies
• The employee's child, adopted child or grandchild dies
• The employee's brother or sister dies

Can You Ask for Proof?

Yes — you are entitled to request reasonable proof of the reason for family responsibility leave, such as a birth certificate for a new child, a medical certificate for a sick child, or a death certificate for a bereavement. The employee cannot be penalised for taking legitimate family responsibility leave within the 5-day entitlement.

Is It Paid?

Yes — family responsibility leave must be paid at the employee's normal rate of remuneration. Deducting wages for days taken as legitimate family responsibility leave within the 5-day entitlement is unlawful. MyHelper's leave management system tracks family responsibility leave separately from annual and sick leave, ensuring the correct entitlement is applied. Manage leave correctly from R249 per month at myhelpersubmit.co.za.