Paternity Leave

The Basic conditions of Employment Act and the Labour Relations Act makes provision for Dad to take paternity leave when his child is born. For your peruse we have included easy reference to the relevant legislation.


Basic Conditions of Employment Act (No. 75 of 1997 ) as amended by the Basic Conditions of Employment Amendment Act, 2002.

Chapter 3 : Leave

27. Family responsibility leave

(1)           This section applies to an employee—

(a)          who has been in employment with an employer for longer than four months; and

(b)          who works for at least four days a week for that employer.

(2)           An employer must grant an employee, during each annual leave cycle, at the request of the employee, three days’ paid leave, which the employee is entitled to take—

(a)          when the employee’s child is born;

(b)          when the employee’s child is sick; or

(c)           in the event of the death of

(i)             (i) the employees spouse or life partner, or

(ii)           the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.

(3)           Subject to subsection (5), an employer must pay an employee for a day’s family responsibility leave—

(a)          the wage the employee would ordinarily have received for work on that day; and

(b)          on the employee’s usual pay day.

(4)           An employee may take family responsibility leave in respect of the whole or a part of a day.

(5)           Before paying an employee for leave in terms of this section, an employer may require reasonable proof of an event contemplated in subsection (2) for which the leave was required.

(6)           An employee’s unused entitlement to leave in terms of this section lapses at the end of the annual leave cycle in which it accrues.

(7)           A collective agreement may vary the number of days and the circumstances under which leave is to be granted in terms of this section.