Employer of Record South Africa

South Africa Statutory Leave

Employer of Record South Africa

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Find out all about employing in South Africa

Maternity Leave in South Africa

Any pregnant employee has the legal entitlement to four months of unpaid maternity leave. The four months may begin as early as four weeks before the employee’s due date if a medical professional certifies that doing so is in the best interest of the employee’s health. After giving birth, employees are required to take a 6 week unpaid maternity leave. The employer is not required by law to provide compensation for maternity leave. 

Mothers in South Africa are entitled to up to 4 consecutive months unpaid leave within 4 weeks of birth, or earlier if deemed necessary by a medical expert. More generous terms can be negotiated in the contract between employer and employee. 

Paternity Leave in South Africa

In South Africa, dads are entitled to take four consecutive months of unpaid parental leave when a child is born or adopted. This leave can be taken by either parent, but not at the same time as the other parent. Additionally, fathers can take 10 consecutive days of paid paternity leave if they are married to the mother or if they are the child’s biological or adoptive father. 

This leave must be taken within the first 6 months after the birth or adoption of the child. Employers are required by law to grant this leave, and are also prohibited from discriminating against employees who take it. 

So, dads in South Africa have a good amount of time to bond with their new little ones and be an active part of their upbringing!

Other Parental Leave in South Africa

Unpaid Parental Leave

Workers also have the right to take 10 days of unpaid parental leave, which can be compensated for by applying to the UIF for 66% of their salary. 

Adoption Leave

If an employee adopts a child younger than two years old, they, (as the primary caregiver), are eligible for at least ten weeks of unpaid leave. This time off can begin on the day the adoption is finalised or the day the child is placed in their care. 

South Africa Annual Leave

After one year of continuous employment with an employer, the Basic Conditions of Employment Act allows yearly leave. A worker is entitled to 21 days of paid yearly leave. This time is accrued monthly at a rate of 1.25 days. Employees needed to have worked for the same employer for at least 24 hours each month to be eligible. 

An employee may also be entitled to one day of leave for every 17 days worked or one hour for every 17 hours worked as an alternative, if mutually agreed upon. 

In South Africa, many businesses close down in December. They can request that workers use their annual leave at this time. The shutdown period is unpaid if an employee uses their annual leave at a different time of the year. 

Additionally, if an employee has worked for their employer for more than four months, they are entitled to 3 days of family responsibility leave for every 12 months following the commencement of their employment. This leave may be used after the birth of a child, for the care of a sick child, or on the death of a close family member. Unused family leave at the end of one year’s cycle cannot be rolled over to the next year. 

Public Holidays in South Africa

The public holidays in South Africa are:

  • New Year’s Day
  • Human Rights Day 
  • Good Friday 
  • Family Day 
  • Freedom Day 
  • Worker’s Day
  • Youth Day
  • National Women’s Day 
  • Public Holiday 
  • Heritage Day
  • Day of Reconciliation
  • Christmas Day 
  • Day of Goodwill 

If an employee works on public holidays, they are entitled to 2x salary compensation. 

South Africa Sick Leave

Sick leave is granted based on a 36 month cycle, beginning on the first day of employment. For the first 6 months of the cycle, the employee accrues one sick day for every 26 days worked. After this, the employee receives between 30 and 36 six days, depending on the schedule they work. The number of sick days resets at the end of the 36 month cycle. 

In South Africa, workers are entitled to have their employer foot the bill for their whole sick leave period. In the event that an employee is out for more than two days in a row, the employer has the right to request medical documentation. If the worker is not ill, the company is not obligated to pay for sick time. 

In the first 6 months of service, South African employees are entitled to 1 paid sick day for every 26 days worked. After 6 months sick leave allowance increases.  

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We are South Africa Employer of Record experts

We have extensive experience helping businesses expand their workforce in the South Africa. Take a look at our areas of expertise below:

Find out how payroll works in South Africa and what you can expect when it comes to salaries, bonuses and tax

We provide a fully-managed EOR Service in South Africa, including HR, Payroll and Legal Compliance support

Learn more about how you can attract and retain staff in South Africa with both statutory and enhanced employee benefits

Unsure about what’s required when employing staff in South Africa? Find out about South African Work Permits and Visas

Wondering what it’s like to live and work in South Africa? We’ve got you covered in our extensive guide, including the do’s and don’ts

Without Agility EOR, our ability to move quickly and scale would be extremely limited. Superb work from A to Z.

Carol Oliveira
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Frequently Asked Questions

Payrolling the employees is a key part of the service offered by an Employer of Record company. The Employer of Record will calculate and remit all taxes, social securities and similar payments, on behalf of both employer and employee. The client will be invoiced in advance by the EOR company, for the total cost of the payroll.

Yes. Our clients are free to dictate the structure of the employees’ remuneration including any bonuses or commissions they wish to offer. In some countries, there is a statutory requirement to provide “bonuses”, for example in the form of Christmas or holiday allowances.

Yes. Agility EOR will calculate what pay is due upon termination of an employee, factoring in such things as any untaken leave entitlements.

We find that most of our clients are in the Tech, IT, Finance, NGO (Not for Profit) and Professional Services industries. However, we have acquired the skills, knowledge and experience to help all industries across the globe.

As a private company, we’re not beholden to shareholders Private Equity targets. We aim to build long-term relationships with our clients. At Agility EOR, our approach is that we never forget that our business is all about people. Our Employer of Record solutions are tailored to each requirement, not a one-size-fits-all tech platform. We do the right thing by our clients and by the laws of each country we operate in. And we believe in openness; if we don’t feel we can offer you the best solution for a specific territory, we’ll say so. 

We pride ourselves on our personable-approach so once you enter your new employees details into our dedicated platform, we’ll arrange a call with you to go through the details of the employment contract where together we can review and amend to your requirements. We liaise directly with your employee to build a rapport and obtain the necessary information to hire them compliantly, and set them up ready for their first payroll.

We never stop delivering! Even if you’re employee has been onboarded and is happily working for you and being paid each month, we’re here to partner with you whenever you or your employees need us. Even your ex-employees may need our assistance for tax documents, proof of employment requests etc… Our service never stops!