OUTLINE
Annual leave in South Africa
Parental leave in South Africa
Adoption leave in South Africa
Additional types of leave at work in South Africa
Public holidays in South Africa
Compliantly hire talent in South Africa and beyond
Paid leave in South Africa
Managing paid leave in South Africa is more than a compliance exercise; it is a key component of a positive employee experience. From annual and family responsibility leave to parental and adoption leave, South Africa’s labour laws offer a structured but evolving framework for time off that employers must be ready to navigate.
Employees are entitled to a minimum of 21 paid leave days in South Africa per leave cycle, which typically translates to 15 working days. However, depending on the employer’s internal policy or contractual agreements, this can extend further—some companies even offer 30 consecutive days of paid leave in South Africa for long service or senior roles.
Beyond annual leave, there are various types of statutory time off. Paid sick leave in South Africa is one of the most utilised entitlements and operates on a 36-month cycle. Employees are also eligible for paid time off under specific circumstances like family emergencies or bereavement through family responsibility leave.
Parental leave has seen significant reform in recent years. Mothers are entitled to maternity leave, while fathers, adoptive parents, and commissioning parents now have access to forms of parental leave—although often unpaid, these can be supplemented via UIF claims.
For employers, having a transparent and flexible leave policy aligned with legal requirements is crucial. It is not just about meeting obligations—it is about attracting, supporting, and retaining talent in a competitive market.
At CXC, we help businesses simplify workforce management in South Africa, including the administration of paid leave days in South Africa. Whether through direct payroll support or Employer of Record (EoR) solutions, we ensure your leave policies are compliant, fair, and easy to manage.
Annual leave in South Africa
Annual leave entitlement in South Africa
Employees in South Africa are entitled to paid time off each year, with the annual leave entitlement governed by the Basic Conditions of Employment Act (BCEA). The legislation provides for a minimum of 21 consecutive days of leave on full pay per annual leave cycle. This equates to 15 working days for employees on a five-day week or 18 working days for those on a six-day week.
South Africa’s annual leave cycle is defined as a 12-month period from either the start of employment or the end of the previous cycle. During this time, employers must ensure that their employees take their statutory leave entitlement within six months after the end of the cycle.
Public holidays that fall within a leave period do not count towards annual leave days, and employees are entitled to those holidays in addition to their standard leave.
Annual leave policy in South Africa
While the BCEA sets the statutory minimum, employers can provide more generous leave entitlements through contract or company policy. These additional days often become a point of negotiation, particularly for long-serving employees. For example, some companies offer increased annual leave days after 5 years’ service in South Africa, or additional leave after 10 years.
Companies should ensure their annual leave policy in South Africa clearly outlines how leave is accrued, how and when it can be taken, and whether leave can be carried over. Although leave can roll over, the BCEA stresses that the statutory portion must still be used within six months of the cycle’s end to avoid potential non-compliance.
Employers are not allowed to substitute payment for leave unless the employment relationship ends. The forfeiture of annual leave in South Africa may occur if the employer has a clear and reasonable policy, but it cannot override the requirement to grant statutory leave within the legal timeframe.
Annual leave after resignation in South Africa
If an employee resigns or is terminated, any unused annual leave must be paid out. This annual leave payout after resignation in South Africa applies to both statutory and contractual leave. The payout should be made at the employee’s normal rate of pay, equivalent to what they would have received had they taken the time off.
Employers should be cautious when employees exit the company, ensuring their leave records are up to date and accurately reflect any outstanding entitlements.
Parental leave in South Africa
Parental leave entitlements in South Africa have undergone notable changes in recent years, reflecting a broader move toward equality and inclusion. Employers need to familiarise themselves with the legal requirements surrounding maternity, paternity, and commissioning parental leave to remain compliant and offer a supportive workplace.
Paid maternity leave in South Africa
While often referred to as paid maternity leave, South African law provides for four months of maternity leave, which is unpaid by default. According to the Department of Employment and Labour, pregnant employees are entitled to take maternity leave from four weeks before the expected birth date, or earlier if their health or that of the baby is at risk. Employees are prohibited from returning to work within six weeks of delivery unless certified fit by a medical practitioner.
For employees who contribute to the Unemployment Insurance Fund (UIF), maternity benefits can be claimed at a rate of up to 66% of their regular salary, subject to the earnings threshold. These benefits are payable for up to 121 days.
Paternity in South Africa
South African labour law does not provide a separate category for paternity leave. Instead, fathers, adopting parents, and commissioning parents are covered under parental leave. This shift reflects an effort to use more inclusive terminology and ensure that all new parents are given time to bond with their child.
Parental leave policy in South Africa
The standard parental leave in South Africa provides 10 consecutive calendar days of unpaid leave for new parents. Employees may claim 66% of their earnings (up to the prescribed UIF threshold) from the UIF during this period, provided they have completed at least 13 weeks of continuous service.
For parents involved in surrogacy arrangements, commissioning parental leave in South Africa allows the primary commissioning parent 10 consecutive weeks of unpaid leave. If there are two commissioning parents, the second parent is entitled to the standard 10 days of parental leave.
Employers are encouraged to have a clear parental leave policy in South Africa that supports employees through these life changes and promotes workplace wellbeing. Flexible policies can also strengthen employee loyalty and aid in talent retention.
Adoption leave in South Africa
Adoption is a life-changing moment for families, and workplaces in South Africa are increasingly recognising the need to support employees through this significant event. While adoption leave in South Africa remains relatively limited in duration, employers can help ease the transition by ensuring leave policies are inclusive, accessible, and clearly communicated.
Adoption leave policy in South Africa
Under South African labour law, when a child under the age of two is adopted, one adoptive parent is entitled to 10 consecutive weeks of adoption leave. The leave applies regardless of gender or marital status and begins on the day the adoption order is granted or when the child is placed in the care of the adoptive parent by a competent court.
In cases where two parents adopt, only one parent may claim the full adoption leave. The other adoptive parent may take the standard 10 consecutive days of parental leave instead. This mirrors the structure applied in other forms of parental leave such as commissioning parental leave.
This leave is unpaid by default, but eligible employees who contribute to the Unemployment Insurance Fund (UIF) may apply to receive up to 66% of their earnings (subject to the maximum income threshold) for the duration of the leave. Employees must have at least 13 weeks of continuous employment to qualify.
Best practices when administering adoption leave in South Africa
To foster a supportive workplace, employers should adopt a clear adoption leave policy in South Africa that:
- Clearly defines eligibility, processes, and timeframes for requesting adoption leave.
- Specifies how leave coordination works between two adoptive parents.
- Outlines whether the company offers any paid leave top-ups or additional benefits.
- Encourages open communication and confidentiality regarding adoption plans.
Employers should also consider offering flexible working options post-leave and training managers on inclusive parental leave practices. These measures go a long way in making employees feel valued and supported during this meaningful period.
Adoption leave may be short, but thoughtful policy design can help ensure it makes a lasting impact.
Additional types of leave at work in South Africa
In addition to annual and parental leave, employers in South Africa should be aware of several other types of leave that may apply to their workforce. These leave types are shaped by labour law, workplace norms, and employer discretion, and play a role in employee wellbeing and compliance with the Basic Conditions of Employment Act (BCEA).
Family responsibility leave in South Africa
Employees may take up to three days of paid family responsibility leave per year to attend to urgent family matters. This includes the birth of a child, the illness of a child, or bereavement involving close family members such as a spouse, parent, grandparent, child, grandchild, or sibling.
This entitlement is available only to employees who work more than 24 hours a month and who have been with the employer for longer than four months. Senior management, employees earning above the section 6(3) earnings threshold, and certain sales or emergency workers are excluded from this specific provision.
Study leave in South Africa
While not mandated by law, study leave is often granted at the employer’s discretion. A common practice is to offer up to two paid days per subject, with a maximum of 10 paid days per calendar year. Once this cap is reached, any additional leave for studying would typically be unpaid. Employers should clarify the conditions for such leave in internal policy documents.
Work-related injury leave in South Africa
Injury on duty leave is regulated under the Compensation for Occupational Injuries and Diseases Act (COIDA). If an employee is injured at work and requires more than four days off, they are entitled to 75% of their normal pay for up to three months. Employers may claim this reimbursement from the Compensation Fund. After three months, employees must claim directly from the Fund to continue receiving 75% of their salary.
Other leave types for employees in South Africa
In addition to the types mentioned, other discretionary leave types may include:
- Unpaid leave: Used when statutory or company-paid leave is exhausted.
- Religious or cultural leave: Employers may allow time off for significant cultural or religious observances.
- Sabbatical leave: Generally granted after long service, subject to company policy.
Employers are encouraged to clearly outline all applicable leave entitlements in their internal leave policy in South Africa and employee handbooks. Doing so not only supports compliance but also contributes to a more engaged and supported workforce.
To ensure alignment with the law and employee expectations, it is advisable to review leave policies regularly and consult legal counsel or HR professionals when updates are required.
Public holidays in South Africa
Public holidays offer employees rest and time to observe national traditions, and for employers, they mark important considerations when managing staffing, overtime and payroll. South Africa’s calendar includes a mix of historic, religious and cultural observances, most of which are enshrined in the Public Holidays Act.
List of public holidays in South Africa
The official list of public holidays in South Africa includes 12 recognised dates annually. These are observed nationally and must be treated as paid days off unless otherwise agreed upon in employment contracts or collective agreements.
The current annual schedule typically includes:
1 January
New Year’s Day
21 March
Human Rights Day.
Good Friday
date varies with the Christian calendar
Family Day
falls on the Monday after Easter Sunday
27 April
Freedom Day.
1 May
Workers' Day
16 June
Youth Day
9 August
National Women’s Day
24 September
Heritage Day
16 December
Day of Reconciliation
25 December
Christmas Day
26 December
Day of Goodwill
When a holiday falls on a Sunday, the following Monday is observed as a public holiday (as outlined in Section 2(1) of the Act). For instance, in 2025, 28 April will be observed as a holiday due to Freedom Day falling on a Sunday.
Additional holidays in South Africa
Some years include an extra public holiday when a general election is held, and the President may also declare one-off holidays for special events. The Easter public holidays in South Africa can shift depending on the year, so employers should check the calendar annually.
How many public holidays are there in South Africa? Typically, 12, but it can rise to 13 or more when public holidays fall on weekends or when special days are declared.
Employers should ensure that their leave policies align with these dates and consider their effect on payroll and workforce planning.
Compliantly hire talent in South Africa and beyond
As an employer in South Africa, it is important to be aware of your employees’ rights and entitlements under local labour legislation. But with employment laws regularly evolving, staying up to date can be a challenge.
By partnering with CXC, you can be confident that your workforce engagements align with all applicable South African labour laws and regulations. This helps ensure your employees receive the benefits they are entitled to, while protecting your business from compliance risks.
Our Employer of Record (EoR) solution takes the complexity out of hiring and managing talent in South Africa. Speak to our team to find out how we can support your operations.
Compliantly hire employees anywhere with CXC
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
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