How many leave days am I entitled to per year in South Africa?

Under the Basic Conditions of Employment Act (BCEA), Section 20, you are entitled to 21 consecutive days of annual leave per leave cycle. For a 5-day work week employee, this equals 15 working days. For a 6-day work week employee, this equals 18 working days. Your employment contract may provide more than this statutory minimum.

How does annual leave accrue in South Africa?

Annual leave accrues progressively at a rate of 1 day for every 17 days worked, or by agreement 1.25 days per month (5-day week) or 1.5 days per month (6-day week). Leave does not vest as a lump sum on the first day of the year — it builds up gradually from zero at the start of each 12-month leave cycle.

Does unused annual leave get paid out when you resign in South Africa?

Yes. Under BCEA Section 40, any unused accrued annual leave must be paid out on termination of employment — whether you resign, are retrenched or dismissed. The payout is calculated as your daily rate (monthly salary divided by 21.67) multiplied by the number of outstanding leave days.

How many sick leave days am I entitled to in South Africa?

Under BCEA Section 22, employees working a 5-day week are entitled to 30 days paid sick leave per 36-month (3-year) cycle. Employees working a 6-day week are entitled to 36 days. In the first 6 months of employment, sick leave is limited to 1 day for every 26 days worked.

Can my employer refuse to pay out leave when I resign?

No. Under BCEA Section 40, paying out accrued unused leave on termination is a statutory obligation — your employer cannot withhold it. If your employer refuses, you can lodge a complaint with the Department of Employment and Labour or the CCMA.

What is the difference between annual leave and unpaid leave in South Africa?

Annual leave is statutory paid leave — your employer pays your full salary while you are on leave. Unpaid leave is additional leave taken with your employer's agreement but without pay. The BCEA only guarantees paid annual leave. Any unpaid leave beyond your statutory entitlement is at your employer's discretion.

How Many Leave Days Are You Entitled to in South Africa?

Leave & BCEA 29 May 2026 · 9 min read · Based on BCEA 1997 as amended · By Faheema Sheikh

Leave entitlement is one of the most misunderstood areas of South African employment law. Many employees believe they receive 15 or 21 days of leave — but are unclear on the difference. Others do not know when leave starts accruing, whether their employer can make them forfeit unused leave, or what a leave payout should be worth when they resign. This article answers all of it, using the exact provisions of the Basic Conditions of Employment Act (BCEA), Act 75 of 1997.

Your Statutory Annual Leave Entitlement Under the BCEA

Section 20 of the BCEA sets the minimum annual leave entitlement. Your employer cannot give you less than this — but they can give you more. The entitlement is stated as 21 consecutive days per leave cycle.

Consecutive days ≠ working days. The BCEA uses "consecutive" calendar days deliberately. For a 5-day week employee, 21 consecutive days contains 6 weekend days — leaving 15 working days of actual paid leave. For a 6-day week employee, 21 consecutive days contains 3 Sundays — leaving 18 working days.

Annual leave by work pattern

Work pattern	Consecutive days (BCEA)	Working days	Accrual rate
5 days/week (Mon–Fri)	21 consecutive days	15 working days	1.25 days/month
6 days/week (Mon–Sat)	21 consecutive days	18 working days	1.5 days/month

A leave cycle is a 12-month period measured from the first day of employment (not necessarily the calendar year). After each completed cycle, the entitlement resets. Your employer must grant the leave within six months of the end of the leave cycle — they cannot indefinitely defer it.

What if my contract gives me more leave?

Many employers offer 20 or more working days of annual leave — especially for professionals and senior staff. Any entitlement above the BCEA minimum is a contractual benefit, and your employment contract governs those additional days. The BCEA is a floor, not a ceiling.

How Does Annual Leave Accrue?

Leave does not vest upfront as a lump sum on your anniversary date. It builds up progressively at a rate of 1 day for every 17 days worked — or, by agreement, at the equivalent monthly rate of 1.25 days per month for a 5-day week employee.

Accrued leave days = Total days worked ÷ 17

Or monthly equivalent:
· 5-day week: Months employed × 1.25 days
· 6-day week: Months employed × 1.50 days

Accrual example — 7 months employed (5-day week)

If you have been employed for 7 months on a 5-day week, your accrued leave is 7 × 1.25 = 8.75 days. If you have already taken 5 days of leave, your remaining balance is 8.75 − 5 = 3.75 days.

Item	Calculation	Result
Months employed	—	7 months
Monthly accrual rate (5-day week)	—	1.25 days/month
Total accrued	7 × 1.25	8.75 days
Leave already taken	—	5 days
Remaining leave balance	8.75 − 5	3.75 days

What Happens to Unused Leave When You Resign?

This is the question most employees ask first. The answer is clear under BCEA Section 40: on termination of employment — whether you resign, are retrenched or dismissed — your employer must pay out any accrued unused annual leave. It cannot be forfeited, and your employer cannot legally refuse to pay it.

Leave payout formula

Daily rate = Monthly gross salary ÷ 21.67

Leave payout = Daily rate × Accrued unused leave days

The divisor of 21.67 is the average number of working days in a month (260 working days per year ÷ 12). This is the standard method used by payroll systems and recognised by the CCMA.

Leave payout example — R22,000 salary, 8.5 days outstanding

Item	Calculation	Amount
Monthly gross salary	—	R22,000
Daily rate	R22,000 ÷ 21.67	R1,015.69
Accrued unused leave	—	8.5 days
Leave payout	R1,015.69 × 8.5	R8,633.37

Note that a leave payout on termination is taxed as normal income — PAYE is deducted at your normal marginal rate. It is not treated as a severance package for tax purposes.

Other Types of Leave Under the BCEA

Annual leave is the most important, but the BCEA provides three additional categories of statutory leave that every employee should know about.

Sick Leave — Section 22

You are entitled to 30 days paid sick leave per 36-month (3-year) cycle if you work a 5-day week — or 36 days for a 6-day week. In your first 6 months of employment, sick leave is limited to 1 day for every 26 days worked. Your employer may require a medical certificate for absences of 2 or more consecutive days, or on more than 2 occasions in any 8-week period.

Sick leave does not get paid out on termination. Whatever sick leave remains unused at the end of your 3-year cycle (or on resignation) is forfeited.

Family Responsibility Leave — Section 27

Employees who have been employed for longer than 4 months and work at least 4 days per week are entitled to 3 days paid family responsibility leave per annual leave cycle. This leave applies when:

Your child is born
Your child is sick
A death occurs in the family — spouse, life partner, parent, adoptive parent, grandparent, child, adopted child or sibling

Like sick leave, family responsibility leave does not accrue across cycles and is not paid out on termination.

Maternity and Parental Leave — Section 25 & 25A

A pregnant employee is entitled to 4 consecutive months of maternity leave, which can start up to 4 weeks before the expected date of birth. Maternity leave is unpaid under the BCEA — your employer has no statutory obligation to pay you during this period — but you can claim UIF maternity benefits for up to 17.32 weeks.

Non-primary caregivers are entitled to 10 consecutive days of parental leave when a child is born or adopted. This is also unpaid under the BCEA, with UIF parental benefits available.

Common Leave Questions Answered

Can my employer tell me when to take leave?

Yes — within limits. The BCEA allows employers to determine leave schedules by agreement or by giving employees reasonable notice. Many employers enforce an annual shutdown over December/January and require employees to use their leave during that period. This is legal, provided you receive at least the BCEA minimum entitlement somewhere in the cycle. Your employer cannot instruct you to take unpaid leave if you have accrued paid leave available.

Can unused leave be forfeited at year-end?

The BCEA allows employers to have a "use it or lose it" policy for annual leave, but only after granting the employee a reasonable opportunity to take the leave. Employers must grant leave within 6 months of the end of the leave cycle. If they failed to grant it within that window, they cannot then forfeit it — the days remain owed and must be paid out on termination.

Does my employer have to pay out leave if I am dismissed for misconduct?

Yes. Section 40 of the BCEA applies regardless of the reason for termination. Even if you are dismissed for misconduct, your employer must pay out any accrued unused annual leave. The only exception is where there is a proven right of set-off for a genuine debt the employee owes the employer — this is unusual and must follow proper legal process.

What is the minimum notice required before taking annual leave?

The BCEA does not specify a minimum notice period for taking annual leave — this is left to agreement between employer and employee or the employer's leave policy. In practice, most employers require written leave applications 1 to 4 weeks in advance. Your employer can refuse a specific leave request on operational grounds but must grant the leave at another reasonable time before the end of the cycle.

How many days of leave do part-time employees get?

The BCEA applies to all employees regardless of hours worked, including part-time workers. The 1-day-per-17-days-worked accrual formula scales automatically — a part-time employee who works fewer days per week simply accrues fewer days per cycle. There is no separate calculation; the formula is universal.

Can my employer pay me instead of giving me leave?

Generally no. The BCEA prohibits employers from paying employees "in lieu of" annual leave during employment — you must actually take the leave. The only time a monetary leave payout is permitted is on termination. If your employer has been paying you "leave pay" without you actually being off work, this may not constitute a valid leave arrangement and you may still be owed the time off.

Leave Reference Table — 2026 Summary

Leave type	Entitlement	Cycle	Paid?	Paid out on termination?
Annual leave (5-day week)	15 working days	12 months	Yes	Yes — unused days paid out
Annual leave (6-day week)	18 working days	12 months	Yes	Yes — unused days paid out
Sick leave (5-day week)	30 days	36 months	Yes	No — forfeited on termination
Family responsibility leave	3 days	12 months	Yes	No — forfeited on termination
Maternity leave	4 months	Per event	No (UIF claimable)	N/A
Parental leave	10 days	Per event	No (UIF claimable)	N/A

Frequently Asked Questions

What is family responsibility leave in South Africa?

The BCEA provides 3 days paid family responsibility leave per year for employees who have worked for the employer for more than 4 months and work more than 4 days per week. It applies when a child is born, when a child is sick, or when an immediate family member dies. It cannot be accumulated.