A full-time domestic worker gets 3 weeks' paid annual leave a year, 6 weeks' paid sick leave every 3 years, 5 days' paid family responsibility leave a year, and 4 months' maternity leave, which you don't have to pay but she can claim from UIF. Part-time workers get the same leave in proportion to the days they work. The rules come from Sectoral Determination 7 for the domestic worker sector.
All leave types compared
| Type of leave | How much | Paid? | Who qualifies |
|---|---|---|---|
| Annual leave | 3 weeks per 12 months | Yes, full pay | Every domestic worker |
| Sick leave | 6 weeks of her working days per 36 months | Yes, full pay | Every domestic worker |
| Family responsibility leave | 5 days per 12 months | Yes, full pay | Employed for more than 4 months, and works at least 4 days a week |
| Maternity leave | At least 4 months in a row | No, but she can claim UIF | Every pregnant domestic worker |
Annual leave
Your domestic worker earns 3 weeks of paid leave for every 12 months she works for you. A week means the days she normally works, so:
- 5 days a week: 15 working days a year
- 3 days a week: 9 working days a year
- 1 day a week: 3 working days a year
You can also agree in writing that she earns 1 day's leave for every 17 days worked, or 1 hour for every 17 hours. This suits workers whose days vary.
The rules
- She must be able to take her leave within 6 months after the end of each 12-month cycle.
- Agree the dates together. If you can't agree, you may decide when she takes it.
- Pay her normal wage for leave days, before the leave starts or on her usual pay day.
- A public holiday that falls during her leave doesn't count as a leave day. She gets an extra day.
- You can't pay her instead of letting her take leave. Unused leave is only paid out when her job ends.
Sick leave
Sick leave runs in 36-month cycles. In each cycle she gets paid sick leave equal to the number of days she would normally work in 6 weeks:
- 5 days a week: 30 days every 3 years
- 3 days a week: 18 days every 3 years
In her first 6 months, she earns 1 day's paid sick leave for every 26 days she works. After 6 months, she gets the full 6 weeks for the rest of the 36-month cycle, minus any sick days she has already taken.
When can you ask for a doctor's note?
You may ask for a medical certificate if she's off sick for more than 2 days in a row, or if she's off sick more than twice in 8 weeks. If she doesn't provide one when asked, you don't have to pay for those days. The note must come from a registered doctor or another registered health practitioner, such as a clinic nurse.
Unused sick days don't carry over into the next 36-month cycle, and they aren't paid out when she leaves.
Family responsibility leave
Once she has worked for you for more than 4 months, and if she works at least 4 days a week, she gets 5 days' paid family responsibility leave every 12 months. She can use it:
- When her child is born
- When her child is sick
- When her spouse or life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling dies
You may ask for reasonable proof, such as a birth certificate, doctor's note or death certificate. Unused days don't carry over to the next year.
Maternity and parental leave
A pregnant domestic worker is entitled to at least 4 consecutive months of maternity leave.
- She can start it any time from 4 weeks before her due date, or earlier if a doctor or midwife says it's necessary for her or the baby's health.
- She may not work for 6 weeks after the birth, unless a doctor or midwife confirms she's fit to.
- If she has a miscarriage in the last 3 months of pregnancy, or a stillbirth, she's entitled to 6 weeks' leave.
- She must tell you in writing at least 4 weeks before she plans to start, unless she can't for a medical reason.
Who pays?
You don't have to pay her wage during maternity leave. If you've registered her for UIF and paid her contributions, she can claim the UIF maternity benefit: 66% of her earnings (up to the UIF earnings limit of R17,712 a month) for up to 121 days. Some employers choose to top this up, but it's not required.
Her job is protected. Dismissing a worker because she's pregnant, or for any reason related to her pregnancy, is an automatically unfair dismissal. She has the right to come back to her job after her leave. If you never registered her for UIF, she may not be able to claim, and you could be held responsible. Our Payroll, UIF & COIDA service sorts out the registration.
What about fathers and partners?
In October 2025, in Van Wyk v Minister of Employment and Labour, the Constitutional Court ruled that new parents may share four months and 10 days of parental leave between them, instead of the mother getting four months and the other parent only 10 days. The court's order applies now, while Parliament updates the laws. If you employ a gardener or driver whose partner is having a baby, talk to him about how the couple plans to share their leave.
Work out her leave
Choose how many days a week your domestic worker works.
Keeping leave records
Keep a record of every day of leave she takes: the type, the dates and whether it was paid. Show her leave balance on her payslip or in a simple leave book you both sign. Keep these records for at least three years. Clear records prevent disputes and protect you if a labour inspector visits or a claim reaches the CCMA.
Leave also affects her pay, so it helps to know the rates in our minimum wage guide.
Your employer checklist
- Her contract sets out her annual, sick and family responsibility leave
- You track every leave day and show her balance on her payslip
- She takes her annual leave within 6 months of each leave cycle ending
- You only ask for a doctor's note after 2 days off, or more than 2 sick spells in 8 weeks
- She's registered for UIF, so she can claim maternity benefits
- You pay out unused annual leave when her job ends
Frequently asked questions
Can I pay my domestic worker instead of giving her annual leave?
No. Annual leave must be taken as time off. You may only pay out leave she hasn't taken when her employment ends.
Does a part-time domestic worker get leave?
Yes. She gets annual and sick leave in proportion to the days she works. For example, a worker on 2 days a week gets 6 days' annual leave a year and 12 days' sick leave every 3 years. Family responsibility leave only applies if she works at least 4 days a week.
Can I decide when she takes her annual leave?
Try to agree on dates together, for example over the December holidays. If you can't agree, the law lets the employer decide, as long as she gets her leave within 6 months of the end of the leave cycle.
What if she's sick for longer than her sick leave allows?
Once her paid sick leave for the cycle is used up, any further sick days are unpaid. If she's ill for a long time, she may be able to claim UIF illness benefits.
Is she entitled to time off on public holidays?
Yes. If a public holiday falls on a day she normally works, she gets the day off on full pay. If she agrees to work, you pay her at least double.
Leave records and payslips, handled.
Our payroll service tracks her leave, prepares her payslips and registers her for UIF and COIDA, so she's covered if she needs maternity or illness benefits.
Sources: Sectoral Determination 7: Domestic Worker Sector (Basic Conditions of Employment Act 75 of 1997); Unemployment Insurance Act 63 of 2001; Van Wyk and Others v Minister of Employment and Labour, Constitutional Court, 3 October 2025; Labour Relations Act 66 of 1995 (automatically unfair dismissals).
This guide is general information, not legal advice.