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Employment4 min read

Domestic Worker Leave and Rights Explained

Domestic workers have the same basic rights as any other employee in South Africa. This includes annual leave, sick leave, maternity leave, and proper notice periods. Here's what the law says.

Key Takeaways

  • 15 working days annual leave per year (3 weeks)
  • 6 weeks paid sick leave in every 3-year cycle
  • 4 months unpaid maternity leave (can claim UIF)
  • Written contract is required by law
  • Notice period: 1-4 weeks depending on length of service

Annual leave

Every domestic worker is entitled to 15 working days (3 weeks) of paid annual leave per year. This is 1 day of leave for every 17 days worked. Leave must be taken within 6 months of the anniversary date. You cannot pay the worker instead of giving leave (except when employment ends).

Sick leave

In every 3-year cycle, a domestic worker gets paid sick leave equal to the number of days they normally work in 6 weeks. For a 5-day worker, that's 30 days over 3 years. In the first 6 months of employment, they get 1 day for every 26 days worked.

  • A medical certificate is needed if absent for more than 2 consecutive days
  • Or if absent on a Monday/Friday or before/after a public holiday
  • You cannot fire someone for being genuinely sick

Maternity leave

4 consecutive months of maternity leave. The employer does not have to pay salary during this time, but the worker can claim from UIF (38-60% of salary). Leave can start 4 weeks before the due date. The worker must return to the same job after maternity leave.

Notice periods

If you want to end the employment, you must give written notice:

  • 1 week notice if employed less than 6 months
  • 2 weeks notice if employed 6 months to 1 year
  • 4 weeks notice if employed more than 1 year
  • You can pay the worker instead of making them work the notice period

Written contract

You must give your domestic worker a written contract. It must include: the worker's name, employer's name, job description, working hours, pay amount and pay day, leave entitlements, and notice period. Free templates are available from the Department of Labour.

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