How much family responsibility leave does a domestic worker get?
Short answer
A domestic worker who has been employed for more than 4 months and works at least 4 days a week is entitled to 3 days of paid family responsibility leave per year under section 27 of the BCEA. It can be used for the birth of the worker's child, when the worker's child is sick, or on the death of a spouse, parent, child, grandparent, grandchild or sibling. A worker who works fewer than 4 days a week, or who has been employed 4 months or less, does not qualify.
The entitlement: 3 days a year
Family responsibility leave is 3 paid days in each 12-month period (BCEA s27). It is separate from annual and sick leave and is the statutory minimum — you can offer more by agreement, but not less. Unused days do not carry over to the next year.
Who qualifies
Only a worker who has been employed for more than 4 months AND who works at least 4 days a week for you qualifies. This is the one leave type with a days-per-week threshold, so a worker who comes one, two or three days a week does not get family responsibility leave (though they still get annual and sick leave pro-rata). Our part-time leave guide explains how this differs from the other leave types.
What it covers
The leave can be taken when the worker's child is born, when the worker's child is sick, or on the death of the worker's spouse or life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. The employer may ask for reasonable proof of the event (for example a death notice) before paying.
Frequently asked questions
How many days of family responsibility leave does a domestic worker get?
3 paid days a year, for a worker employed more than 4 months who works at least 4 days a week (BCEA s27).
Does a part-time domestic worker get family responsibility leave?
Only if they work at least 4 days a week and have been employed more than 4 months. A worker doing one, two or three days a week does not qualify.
What can family responsibility leave be used for?
The birth or illness of the worker's child, or the death of a spouse, parent, grandparent, child, grandchild or sibling. You may ask for reasonable proof.
Do unused days carry over?
No. The 3 days are per 12-month cycle and do not carry over to the next year.
Dignita is a compliance tool, not legal advice. Figures are based on current South African legislation; confirm with a labour-law professional for your situation.