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JP
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1063
Experience:  General South African Law.
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One of my employees had compassionate leave of 3 days in the

Resolved Question:

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?
Submitted: 4 years ago.
Category: South Africa Law
Expert:  JP replied 4 years ago.

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;

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) 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;

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 ( 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....

 

Expert:  JP replied 4 years ago.

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

JP

Attorney

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Customer: replied 4 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?
Expert:  JP replied 4 years ago.
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.
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