How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JP Your Own Question
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1063
Experience:  General South African Law.
Type Your South Africa Law Question Here...
JP is online now
A new question is answered every 9 seconds

One of my employees had compassionate leave of 3 days in the

This answer was rated:

One of my employees had compassionate leave of 3 days in the first month she start working. Now she want compassionate leave this week, cause her brother committed suacide, its a little inconvenient for me because its over monthend and we are only three on staff. I will give her leave for the funeral on Saturday. What do I have to do?

Good evening!

Your question relates to section 27 of the Basic conditions of employment act

Family responsibility leave


27. ( 1 ) This section applies to an employee-

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


(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) the employee's 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;


(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 ( 1 ) 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


More to follow....


Ok so you are not obliged as it is your employees brother!!


Your suggestion to give her leave on Saturday is perfectly fine.



Kindly accept my answer by clicking on the accept!


Kind Regards



Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for general information purposes only and to assist you to discuss legal matters with your attorney in person; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but is made as compensation for the obtaining as general legal information for further discussion with your attorney .If you do not agree with these terms and conditions, then you must advise me immediately.

Customer: replied 6 years ago.
She start working on 3 Feb 2010 and take compassionate leave that month. So I had to gave her another 3 days compassionate leave?
Yes the new 3 days is applicable but as stated this death does not qualify under this section as it is her brother.
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1063
Experience: General South African Law.
JP and other South Africa Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:




    Satisfied Customers:

< Last | Next >



    Satisfied Customers:

  • Emil's Avatar



    Satisfied Customers:

    BCom Law LLB, 3 years post article experience as attorney
  • LCP's Avatar



    Satisfied Customers:

    BCom (Stell) LLB LLM
  • Freddie Lombard's Avatar

    Freddie Lombard


    Satisfied Customers:

    Practicing attorney and conveyancer with 14 years post article experience.
  • Shaie Zindel's Avatar

    Shaie Zindel


    Satisfied Customers:

    All areas of commercial and contract Law - specialist in property advice.
  • inciteadvisor's Avatar


    Commercial Lawyer

    Satisfied Customers:

    B.Com LLB Registered Corporate lawywer
  • AntonSmith13's Avatar



    Satisfied Customers:

    LLB, LLM, Cert. International Law Attorney with 12 years experience

Related South Africa Law Questions