In South Africa, employees are entitled to 21 consecutive days of paid annual leave per year under the Basic Conditions of Employment Act (BCEA). For a five-day worker, this equates to 15 working days (three weeks). Leave accrues at the rate of one day for every 17 days worked or one hour for every 17 hours worked.

Statutory entitlement

21 consecutive days of annual leave (15 working days for a five-day worker). Accrues at one day per 17 days worked.

Eligibility

All employees are entitled to annual leave. Leave accrues from the start of employment.

Employer obligations

  • Grant 21 consecutive days of paid annual leave per year.
  • Pay the employee's normal remuneration during annual leave.
  • Allow annual leave to be taken within six months after the end of the annual leave cycle.
  • Pay for unused annual leave on termination of employment.
  • Not pay in lieu of annual leave during employment (except on termination).
  • Maintain records of annual leave taken by each employee.

Employee rights

  • Right to 21 consecutive days (15 working days) of annual leave.
  • Right to be paid at normal remuneration during annual leave.
  • Right to paid leave payout on termination.

Common pitfalls

  • Paying in lieu of annual leave during employment — this is prohibited except on termination.
  • Not allowing leave within the six-month window — employees must take their leave within six months of the end of the leave cycle.

How annual leave accrues

Annual leave accrues at the rate of one day for every 17 days worked, or one hour for every 17 hours worked. This equates to 21 consecutive days per year.

Annual leave pay

Annual leave pay is calculated at the employee's normal remuneration rate.

Leave cycle

The annual leave cycle is 12 months from the start of employment or as agreed between the employer and employee. Leave must be taken within six months after the end of the cycle.

Frequently asked questions

Can annual leave be carried forward?

Yes, by mutual agreement. Unused leave can be carried forward to the next leave cycle.

Can the employer pay in lieu of annual leave?

No. Payment in lieu of annual leave is only permitted on termination of employment.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.