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?
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
(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
(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.
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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.
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