In South Africa, many households employ part-time domestic workers or gardeners who may only work once or twice a week. Employers often wonder whether they need to provide paid leave in these cases. The short answer is yes — but only proportionally, based on the number of days worked.
Annual Leave
The Basic Conditions of Employment Act (BCEA) and the sectoral determinations for domestic workers set out minimum leave entitlements. A domestic worker earns one day of paid annual leave for every 17 days worked (or one hour for every 17 hours worked).
For example:
- A worker employed one day per week will accumulate leave more slowly than someone working five days a week.
- Over the course of a year, they will build up paid leave days in line with the number of days worked.
This means that while they are entitled to time off, the number of paid days off will depend on how much leave they have accrued during the year. Any additional time off can be taken as unpaid leave unless you, as the employer, agree otherwise.
Sick Leave
Sick leave is calculated differently. Over a three-year cycle, domestic workers are entitled to paid sick leave equal to the number of days they would normally work in six weeks.
- If they work one day per week, they are entitled to six paid sick days in a three-year period.
Employers can request a medical certificate if the worker is absent for more than two consecutive days or more than twice in an eight-week period.
Maternity Leave
Domestic workers are entitled to four consecutive months of maternity leave, which is unpaid unless you choose to contribute. However, they may claim from the Unemployment Insurance Fund (UIF) if contributions have been made.
Family Responsibility Leave
This category is more restrictive. A domestic worker only qualifies if they:
- Have been employed for more than four months, and
- Works at least four days a week.
Someone working only one day per week does not qualify for paid family responsibility leave.
In Practice
If your domestic worker only works one day a week:
- They are entitled to paid annual leave, but only in proportion to her working days.
- You can calculate how much they have accrued by applying the 1 day for every 17 worked rule.
- If they want to take more time off than their leave balance allows, you can agree to unpaid leave.
Key Takeaway
Leave must be calculated fairly and proportionally to her actual working days. Employers are free to offer more generous terms if they wish, but the BCEA sets the minimum standard. By keeping records of days worked and leave taken, you’ll ensure compliance with the law and fairness to your employees.
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