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FMLA – Family Responsibility Leave

An employee (whether permanent or temporary) is entitled to three days paid FMLA or Family Responsibility leave per annum, providing that they have been employed for at least the following periods:

  • four months with the employer
  • four days per week with the same employer
  • FMLA may not be accumulated.
  • On anniversary roll-over a new entitlement of three days replaces any balance that is left over from the previous cycle.

FMLA – Family Responsibility Leave is granted in the following cases:

  • When a child is born or is ill. There is no age limit set by the BCEA (Basic Conditions of Employment). Therefore, even if the child is older than 18 years (and are still dependent) and he or she becomes ill, the employee can claim FMLA
  • At the death of direct family i.e. bereavement leave
    • husband/wife or life partner
    • Parent, adoptive parent or grandparent.
    • Child, adoptive child or grandchild
    • Sibling
  • No provision is made by the BCEA for in-laws or step-siblings

FMLA: To Qualify

An employer may request proof before granting the leave i.e.

  • Death certificate and proof of the deceased’s immediate family relationship to be granted bereavement leave.
  • Birth of a child. A birth certificate and proof of parentage to be granted paternity leave
  • the illness of a child, a medical certificate to be granted family medical leave. The BCEA does not define “illness” and only states that reasonably proof may be requested.

If an employee is on annual leave and has a situation that calls for Family Responsibility leave (FMLA), then the annual leave can be converted and the number of days credited back to the Annual Leave.

Useful Link:

Pay Solutions will manage all leave types, including FMLA (Family Responsibility). An historic record of all leave types will be maintained, and is readily available to our clients. Our payroll consultants are well versed in managing leave and the payment thereof.

N.B. Remember unrecorded leave costs you money.

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