Annual Leave Is a Legal Right, Not a Favour
Many South African domestic employers treat annual leave as something they grant at their discretion. This misunderstanding can expose employers to significant CCMA claims and Department of Labour penalties. Annual leave for domestic workers is a statutory entitlement under the Basic Conditions of Employment Act and Sectoral Determination 7 — not something you decide whether to provide.
How Much Annual Leave Is Your Worker Entitled To?
Domestic workers are entitled to a minimum of 15 working days of paid annual leave per annual leave cycle (a period of 12 months' employment). This is equivalent to 21 consecutive days (three weeks) when weekends are included. Annual leave must be paid at the employee's ordinary rate of remuneration. Employers cannot substitute payment for annual leave while the worker continues working — leave must actually be taken.
When Must Leave Be Taken?
Annual leave must generally be taken not later than six months after the end of the leave cycle. You and your domestic worker must agree on when leave is taken. You have some right to schedule when leave occurs to accommodate household needs, but you cannot refuse leave indefinitely or schedule it unreasonably.
Leave Accrual for Shorter Employment Periods
If a domestic worker has not completed a full 12-month cycle, they accrue annual leave proportionally — one day for every 17 days worked, or one hour for every 17 hours worked.
Annual Leave and the Employment Relationship
Annual leave is not just a legal obligation — it is also an important element of a healthy and sustainable employment relationship. Domestic workers who are given their full annual leave entitlement and who take regular breaks from work are generally more motivated, less likely to experience burnout, and more productive when they return. The short-term inconvenience to the employer of arranging alternative domestic help during the leave period is far outweighed by the long-term benefits of a rested, committed worker.
What Happens to Leave Pay If the Worker Leaves
When employment ends — whether through resignation, retrenchment or dismissal — any annual leave that has been accrued but not yet taken must be paid out in cash as part of the final settlement. This is a common source of CCMA claims: an employer who fails to calculate and pay out accrued leave on termination faces a claim from the former worker. To calculate the payout correctly, you need accurate records of how much leave accrued during the employment period and how much was actually taken. Without these records, the calculation becomes disputed and the employer's position is weakened.
Annual Leave Cannot Be Forfeited
Annual leave entitlement does not expire or disappear if it is not taken. If an employer simply never grants annual leave, the accrued entitlement accumulates and must either be taken or paid out. Employers cannot tell a worker that their leave entitlement has expired because it was not taken — this is not how South African law works. The obligation to grant annual leave or pay it out on termination is ongoing and cumulative.
Keeping Leave Records
You are legally required to keep records of your domestic worker's leave — taken, accrued and balance remaining. These records must be maintained and available for inspection. MyHelper's payroll platform automatically tracks leave balances as part of the leave management feature included in our R249 per month plan. Start at myhelpersubmit.co.za.
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