Basic Conditions of Employment Act: Leave Entitlement

BCEA: Leave Entitlement – What Employers Must Provide 

Leave is one of the most frequently mismanaged areas of South African employment law. Employers routinely miscalculate sick leave cycles, pay out annual leave incorrectly on termination, or deny family responsibility leave that employees are legally entitled to. Every one of these errors is a potential CCMA dispute. Chapter Three of the Basic Conditions of Employment Act sets out the BCEA leave entitlement in South Africa in precise terms, and this guide breaks it down in plain language. At Welman Attorneys Inc., we regularly advise employers on structuring leave policies that are both legally compliant and practically workable.

Annual Leave: Section 20

Under Section 20 of the BCEA, every employee is entitled to a minimum of 21 consecutive days of paid annual leave (or 15 work days) per annual leave cycle. An annual leave cycle is the 12-month period following the start of employment, or the completion of the previous cycle.

Two important rules apply. First, an employer must grant annual leave no later than six months after the end of the annual leave cycle. Leave cannot be carried over indefinitely or simply forfeited. Second, an employer may not require an employee to take annual leave during a notice period or during any other period of leave under the Act. Critically, an employer may not pay an employee in lieu of annual leave except upon termination of employment.

Sick Leave: Section 22

The BCEA leave entitlement for sick leave operates on a 36-month sick leave cycle. During each cycle, an employee is entitled to paid sick leave equal to the number of days they would normally work in a six-week period. For an employee working a standard five-day week, this amounts to 30 days over three years.

During the first six months of employment, the entitlement is more limited: one day of paid sick leave for every 26 days worked. This is the introductory period before the full cycle kicks in.

Under Section 23, an employer is not required to pay sick leave if an employee has been absent for more than two consecutive days, or on more than two occasions within an eight-week period, without producing a valid medical certificate. The certificate must be issued by a registered medical practitioner or other certified healthcare professional.

Family Responsibility Leave: Section 27

Section 27 grants employees who have been employed for longer than four months and who work at least four days per week a minimum of three days of paid family responsibility leave per annual leave cycle. This leave may be taken when an employee’s child is sick, or upon the death of a spouse or life partner, a parent, grandparent, child, adopted child, grandchild, or sibling.

Employers are entitled to request reasonable proof of the event before granting this leave. It is worth noting that the birth of a child was removed as a qualifying event under the 2018 amendments to the Act, as it is now covered separately under the parental leave provisions introduced by Sections 25A, 25B, and 25C of the Basic Conditions of Employment Act.

Protecting Your Business

A compliant leave policy does more than satisfy the law. It creates clarity, reduces disputes, and protects the employer when leave abuse occurs. Disciplinary action for leave abuse is far easier to sustain when the policy is clearly documented and consistently applied. For more on managing leave abuse through disciplinary procedures, see the Welman Attorneys guide on [disciplinary hearing procedures](https://www.welmanattorneys.co.za/blog/disciplinary-hearing-procedures/).

Sources

·         Basic Conditions of Employment Act 75 of 1997, Sections 20, 22, 23 and 27: Click Here

·         Consolidated BCEA updated to 1 May 2026 – SAFLII: Click Here

·         Disciplinary Hearing Procedures – Welman Attorneys Inc.: Click Here