Basic Guide to Annual Leave (Domestic Workers)
Sectoral Determination 7 requires that workers get a minimum of 21 consecutive days of annual leave each year. Employers can only pay workers instead of granting annual leave when employment is terminated.
Sectoral Determination 7 applies to all domestic workers (including independent contractors and those employed by agencies), except domestic workers who -
The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.
The provisions for annual leave do not apply to domestic workers working less than 24 hours a month for an employer.
Number of Leave Days
Workers must get annual leave of at least –
Timing of Leave
Both the employer and worker must agree to the timing of leave. If they cannot agree, the employer makes the final decision.
An employer may not require or permit a worker to work during any period of annual leave.
Leave must be granted not later than 6 months after the end of the annual leave cycle (12 month periods from date of employment).
Pay Instead of Annual Leave
Employers must pay workers the equivalent amount for annual leave as paid for days worked. This is to be paid before the workers leave period.
Employers cannot pay workers instead of granting leave, except on termination of employment.
Annual Leave and Public Holidays
A public holiday cannot be counted as annual leave.