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Family Responsibility Leave in South Africa (BCEA Section 27)

Section 27 of the BCEA gives an employee who has worked for the employer longer than four months, and works at least four days a week, three days of paid family responsibility leave per annual leave cycle when their child is sick or a close family member dies; the birth-of-a-child ground was repealed in 2018 and replaced by parental leave under section 25A. Unused days lapse at the end of the cycle. Source: Act 75 of 1997 and the Labour Laws Amendment Act, 2018.

By Morné Kruger, Founder & SA Tax Editor. Last reviewed 2026-11-04.

Who Qualifies

Section 27(1) applies to an employee who (a) has been in employment with an employer for longer than four months and (b) works for at least four days a week for that employer. If you do not meet both tests, the section does not apply to you; section 27(7) lets a collective agreement vary the days and circumstances.

Which Events Qualify

Events listed in BCEA section 27(2) after the 2018 amendment
EventDetail in the Act
Child is sickSection 27(2)(b): when the employee’s child is sick
Death of spouse or life partnerSection 27(2)(c)(i)
Death of a close relativeSection 27(2)(c)(ii): the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling

What Happened to the Birth Ground

The original Act listed "when the employee's child is born" as paragraph (a) of section 27(2). Section 4 of the Labour Laws Amendment Act, 2018 repealed that paragraph. Section 3 of the same amending Act inserted section 25A, under which an employee who is a parent of a child is entitled to at least ten consecutive days of parental leave, which may start on the day the child is born.

The Government's Vuk'uzenzele magazine reports that parental leave began on 1 January 2020 (Vuk'uzenzele). The Department's own Basic Guide to Family Responsibility Leave still lists the birth of a child and shows a 2012 modification date, so rely on the amended Act text instead.

Days, Pay, Proof and Expiry

  1. 1

    Three days per annual leave cycle

    Section 27(2): the employer must grant three days’ paid leave at the employee’s request during each annual leave cycle.
  2. 2

    Pay

    Section 27(3): the wage the employee would ordinarily have received for that day, on the usual pay day.
  3. 3

    Whole or part of a day

    Section 27(4): leave may be taken in respect of the whole or a part of a day.
  4. 4

    Proof

    Section 27(5): before paying, the employer may require reasonable proof of the event.
  5. 5

    No carry-over

    Section 27(6): unused entitlement lapses at the end of the annual leave cycle in which it accrues.
  6. 6

    Collective agreements

    Section 27(7): a collective agreement may vary the number of days and the circumstances under which leave is granted.

Related Tools and Guides

Payroll teams can read how leave pay feeds into pay on the gross salary page.

Frequently Asked Questions

How many days of family responsibility leave do I get?
Section 27(2) of the BCEA requires the employer to grant three days of paid leave during each annual leave cycle, at the employee’s request, for the events the section lists. Section 27(7) allows a collective agreement to vary the number of days and the circumstances.
Who qualifies for family responsibility leave?
Section 27(1): an employee who has been in employment with the employer for longer than four months and who works for at least four days a week for that employer.
Is the birth of a child still a ground for family responsibility leave?
No. The Labour Laws Amendment Act, 2018 repealed paragraph (a) of section 27(2), which was the ground for when the employee’s child is born. It inserted section 25A, which gives a parent at least ten consecutive days of parental leave that can start on the day the child is born. Older material, including a Department of Employment and Labour guide on its site, may still list birth as a ground.
What events qualify today?
With the birth ground repealed, section 27(2) lists when the employee’s child is sick, and the death of the employee’s spouse or life partner, or of the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.
Can my employer ask for proof?
Yes. Section 27(5) says that before paying for the leave the employer may require reasonable proof of the event for which the leave was required.
Do unused days carry over?
No. Section 27(6) says an employee’s unused entitlement lapses at the end of the annual leave cycle in which it accrues. Section 20(1) defines the annual leave cycle as the period of 12 months of employment with the same employer following commencement of employment or the end of the prior leave cycle.
Is family responsibility leave paid, and can I take half a day?
Section 27(3) requires pay of the wage you would ordinarily have received for that day, on your usual pay day, subject to the proof rule. Section 27(4) allows leave in respect of the whole or a part of a day.

Sources consulted

Section 27 wording is taken from Act 75 of 1997 as published in the Government Gazette; the repeal of section 27(2)(a) and the new section 25A come from the Labour Laws Amendment Act, 2018. Check the current consolidated Act for later changes. Last updated 2026-11-04.

Compliance Disclaimer

This guide is for information only and is not legal, tax or financial advice. Contracts, collective agreements and sectoral determinations can affect your position. Accounter is not affiliated with the Department of Employment and Labour, SARS, CIPC or any retirement fund.