The core leave entitlements South Africa sets in law come from the Basic Conditions of Employment Act 75 of 1997. Every employee working more than 24 hours a month for the same employer gets at least 21 consecutive days of paid annual leave per cycle, which works out to 15 working days on a five-day week. Sick leave is 30 working days over a 36-month cycle, not 30 days a year. Family responsibility leave is three paid days a year. Parental leave changed in October 2025 and now stands at four months and 10 days, shared between employed parents.
These are floors. Your contract or a collective agreement may give you more, never less.
The minimums at a glance
| Leave type | Minimum entitlement | Cycle |
|---|---|---|
| Annual leave | 21 consecutive days, being 15 working days on a five-day week or 18 on a six-day week | Each 12-month leave cycle |
| Sick leave | The number of days you would normally work in six weeks, so 30 days on a five-day week | Each 36-month cycle |
| Family responsibility leave | 3 paid days | Each 12-month leave cycle |
| Parental leave | Four months and 10 days in total, shared between employed parents | Per birth, adoption or surrogacy |
How annual leave works
The leave cycle is 12 months of continuous employment, counted from your start date or from the end of your previous cycle.
Leave accrues rather than being granted upfront. The Act allows employers to apply an accrual rate of one day for every 17 days worked, or one hour for every 17 hours worked, which is where the familiar figure of 1.25 days a month comes from.
Timing is agreed between you and your employer. Where there is no agreement, the employer may determine when leave is taken, which is the legal basis for December shutdowns.
Two rules protect the entitlement. Leave must be granted no later than six months after the end of the cycle in which it accrued. Statutory annual leave may not be paid out in place of taking it, except when employment ends, at which point accrued leave must be paid out.
Leave pay is calculated on remuneration as defined in the Act, not only on basic salary, which matters most for workers on or near the current national minimum wage where allowances make up a meaningful share of pay.
How sick leave works
The sick leave cycle runs for 36 months, not 12. Over that cycle you are entitled to the number of days you would normally work in six weeks, which is 30 days on a five-day week and 36 on a six-day week.
During your first six months of employment the rule is different. You accrue one day of paid sick leave for every 26 days worked, which is roughly one day a month.
On medical certificates, the Act sets a specific threshold. An employer is not obliged to pay for sick leave where an employee is absent for more than two consecutive days, or more than twice in an eight-week period, and does not produce a valid certificate.
Family responsibility leave
This applies to employees who have worked for the same employer for longer than four months and who work at least four days a week for that employer.
The entitlement is three paid days per annual leave cycle, available for the birth of a child, when a child is sick, or on the death of a specified family member.
Unused days do not carry over.
Parental leave changed in October 2025
On 3 October 2025 the Constitutional Court handed down judgment in Van Wyk and Others v Minister of Employment and Labour, reported as [2025] ZACC 20. It declared sections 25, 25A, 25B and 25C of the BCEA, and the corresponding provisions of the Unemployment Insurance Act, unconstitutional to the extent that they discriminate between categories of parents on the length of leave and the benefits available.
The declaration of invalidity is suspended for 36 months, giving Parliament until around October 2028 to amend the legislation. The Court also ordered an interim reading-in that applies immediately.
Under that interim position:
- The total entitlement is four months and 10 days, combining the old four months and the separate 10 days.
- Where both parents are employed, they share the period as they agree. Where they cannot agree, it is split as equally as possible.
- Where only one parent is employed, that parent takes the full period.
- In a biological birth, the mother retains priority over the portion needed for preparation and recovery, and the rule preventing work for six weeks after birth remains.
- Both employers should be notified in advance of how the leave will be split.
The Court also found the under-two age cap for adoption leave unconstitutional. Published legal commentary differs on whether that cap falls away immediately or only once Parliament acts, with some firms treating it as removed and others treating the defect as suspended alongside the rest. Confirm the position with the Department of Employment and Labour or your legal adviser before relying on it.
The UIF gap most guides miss
The Court expressly declined to read in interim changes to the Unemployment Insurance Act provisions, saying it did not have enough information about how those benefits are calculated.
The practical consequence is that the leave entitlement has changed while the benefit rules have not yet been rewritten to match. A non-birthing parent taking a longer share of leave may find that the corresponding UIF benefit does not follow automatically. Check your position before committing to a split, and understand how to claim UIF online before the leave starts rather than afterwards.
This is general information, not advice on your specific employment contract.
Common problems
Your employer says leave expires at year end. Statutory leave must be granted within six months after the cycle ends. Agreements to forfeit statutory leave are not permitted.
You are told accrued leave is not paid out on resignation. Accrued annual leave must be paid out when employment ends, regardless of who ended it.
You run out of sick leave in your first year. In the first six months the entitlement is one day per 26 days worked, so the full 30 days is not available immediately.
A certificate is demanded for a single day. The Act sets the threshold at more than two consecutive days, or more than twice in an eight-week period.
Your employer still applies the old 10-day rule for fathers. That framework was replaced by the interim order in October 2025 and applies now, not once Parliament legislates.
Frequently asked questions
How many leave days am I entitled to in South Africa?
At least 21 consecutive days per cycle, which is 15 working days for a Monday to Friday employee.
Is sick leave 30 days a year?
No. It is 30 days across a 36-month cycle on a five-day week.
Do I get paid for unused leave when I resign?
Yes. Accrued annual leave must be paid out on termination.
How much parental leave do fathers get now?
Employed parents share a total of four months and 10 days, so the split depends on what the parents agree.
Can my employer force me to take annual leave?
Timing is agreed first. Where there is no agreement, the employer may determine when leave is taken.
Who do I complain to?
The Department of Employment and Labour, or the CCMA on 0861 16 16 16 for disputes it has jurisdiction over.
What to watch
The main development is remedial legislation from Parliament to amend the BCEA and the Unemployment Insurance Act before the 36-month suspension expires in October 2028. Watch for an amendment bill being tabled, because that is when the UIF benefit rules for shared parental leave should finally be settled. Also watch for sectoral determinations being updated to match the interim position, since some employees are covered by those instruments rather than by the general BCEA provisions alone.
