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What leave is your domestic employee entitled to?

by , 04 December 2013
If your domestic employee works more than 24 hours a month for you, she has rights. And this means she's entitled to leave. Read on to find out the type of leave your domestic employee is entitled to so you can comply and avoid CCMA disputes.

'Don't be fooled, domestic workers are the third highest referring group to the CCMA,' warns the Labour Law for Managers Loose Leaf Service.

Some of these disputes are related to leave.

The good news is you can avoid a CCMA dispute if you know the type of leave your domestic employee is entitled to.

Your domestic employees are entitled to the following leave

#1: Annual leave: Your domestic employees are entitled to the following annual leave:

  • One hour for every 17 hours worked
  • One day for every 17 days worked
  • Three weeks (21 consecutive days) annual leave for every 12 months employed.

Remember, you aren't allowed to let domestic workers work for you during their annual leave period and you may not pay them instead of letting them take their leave.

If your domestic worker resigns you must pay her for any outstanding leave. Calculate it in the following way:

  • One hour for every 17 hours worked
  • One day for every 17 days worked
  • 1 and a half days leave for every month worked.

#2: Family responsibility leave: This type of leave only applies to domestic workers who have worked for longer than four months and who work for you at least four days a week.

They're allowed five days paid leave during a 12-month period and the leave can't be carried over to the following year.

Family responsibility leave may be taken when the domestic worker's child is born, their child is sick, or if their spouse or life partner, parent, adoptive parent, grandparent, adopted children or sibling dies.

You can ask for proof of the incident, for example, a doctor's note or death certificate.

#3: Sick leave: During a three-year cycle, a domestic worker is entitled to paid sick leave equal to the number of days she normally works in six weeks.

If for example they work a five-day week, they would be entitled to 30 days of sick leave in three years. For the first six months of employment, a domestic worker is entitled to one day of sick leave for every 26 days worked.

You can ask for a medical certificate if your domestic worker has been absent from work for more than two consecutive days, to or more times in an eight week period.

#4: Maternity leave: Domestic workers are entitled to at least four months maternity leave and you aren't obliged to pay them during this time.

Remember to keep records of any leave your domestic worker takes.

Now that you know about the type of leave domestic employees are entitled to, make sure you comply to avoid labour disputes.

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Comments
2 comments


Jules 2014-02-05 07:35:07

Do I have to Pay my Domestic Worker when she is off due to Taxi's Striking?

L VOGES 2013-12-18 12:07:50

My domestic worker only works one day per week. Is she entitled to sick leave and how many days if she has worked for me for the past three years.

Annual leave: how many days

Thanks

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