Domestic worker leave entitlements: Annual, sick, and maternity leave explained

Domestic Worker Leave Entitlements in South Africa — The Complete Picture

South African domestic workers are entitled to several categories of paid and unpaid leave under the Basic Conditions of Employment Act (Act 75 of 1997) and Sectoral Determination 7. Understanding each leave type — how much is owed, when it applies, and how it must be administered — is a legal obligation for every domestic employer. Incorrect leave management is one of the most common causes of CCMA disputes between domestic employers and their workers, and the financial exposure from getting it wrong can be significant.

Annual Leave

Every domestic worker is entitled to at least 15 working days of paid annual leave per annual leave cycle. The cycle runs for 12 months from the worker's employment start date. Workers employed fewer than five days per week accrue leave at one day per 17 days worked — whichever method produces the greater entitlement applies. Annual leave must be taken within six months of the end of the cycle. It cannot be paid out in lieu of being taken during employment. On termination, all accrued but untaken annual leave must be paid out at the worker's current daily rate.

Sick Leave

Sick leave operates on a 36-month cycle. During each three-year cycle, your domestic worker is entitled to paid sick leave equal to the number of days they would normally work in six weeks. For a five-day-per-week worker this is 30 days per 36-month cycle. In the first six months of employment, the entitlement is one day per 26 days worked. A medical certificate may be required for absences exceeding two consecutive days or for absences immediately before or after a public holiday. Sick leave that is not used does not carry over and is not paid out on termination.

Maternity Leave

Domestic workers are entitled to four consecutive months of unpaid maternity leave. The leave may start from four weeks before the expected date of birth. You may not dismiss a worker because she is pregnant or on maternity leave. Her position must be kept open and she must be reinstated on the same terms and conditions after leave. While maternity leave is unpaid by the employer, workers registered for UIF may claim maternity benefits from the Unemployment Insurance Fund for up to 17.32 weeks.

Family Responsibility Leave

Domestic workers who have been employed for more than four months and who work at least four days per week are entitled to five days of paid family responsibility leave per annual leave cycle. This leave may only be taken for the birth of the worker's child, the illness of the worker's child, or the death of a specified close family member including a spouse, parent, child, grandparent, grandchild or sibling. Unused family responsibility leave lapses at the end of the cycle and is not paid out on termination.

Public Holidays

Domestic workers are entitled to all 12 South African public holidays on full pay. If a public holiday falls on a day your worker would normally work and they are required to work on that day, they must be paid double their normal daily rate or given a day off in lieu by agreement. Public holidays that fall during annual leave do not count as leave days.

How Leave Interacts With Each Other

Each leave type is separate and distinct. You cannot require a worker to use annual leave instead of sick leave. You cannot substitute family responsibility leave with annual leave without the worker's agreement. Maternity leave is additional to all other leave entitlements — annual leave continues to accrue during maternity leave. Understanding these distinctions prevents the most common leave administration errors that lead to CCMA disputes.

Leave Records and Payslips

You are required by law to keep accurate records of all leave taken and to reflect leave balances on every payslip. Records must show the type of leave taken, the dates, the number of days, and the running balance for each leave type. The BCEA requires these records to be kept for three years. During a Department of Employment and Labour inspection, failure to produce leave records is treated as evidence of non-compliance and can result in fines.

Frequently Asked Questions

Can I combine annual leave and sick leave?

No. If a worker is ill during annual leave, those days should be recorded as sick leave — not annual leave — provided the worker produces a medical certificate. The annual leave days must then be restored. You cannot require a worker to use annual leave for periods of genuine illness.

What happens to leave balances when I change my domestic worker's working days?

If you reduce or increase your worker's working days, their leave entitlement changes proportionally from the date of the change. Leave accrued before the change remains at the rate it was earned. MyHelper recalculates leave balances automatically when employment terms change.

Is there a leave entitlement for adoption?

The BCEA provides for adoption leave for workers who adopt a child under two years of age. The adopting parent is entitled to ten consecutive weeks of unpaid adoption leave. If both parents are employed, only one may take adoption leave — the other may take parental leave of ten days.

Does MyHelper manage all leave types?

Yes. MyHelper tracks annual leave, sick leave and family responsibility leave balances automatically for every domestic worker on the platform. Balances are reflected on every payslip and updated in real time when leave is recorded.

Stop tracking leave on paper or spreadsheets. MyHelper manages all your domestic worker leave automatically. R399 once-off registration plus R249 per month. Get started today →