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Leave and overtime explained

The Basic Conditions of Employment Act sets the minimum hours, leave and pay that almost every South African employee is entitled to. Contracts can give more, never less.

Educational guidePublished 16 October 2026

Working hours and overtime

Ordinary working hours may not be more than 45 a week: 9 hours a day for a five-day week, or 8 hours a day for a longer week. Overtime must be agreed, is limited to 3 hours a day and 10 hours a week, and is paid at least 1.5 times the normal wage, or by agreement as paid time off.

WorkMinimum pay
Overtime1.5 × normal hourly wage
Sunday (not a usual work day)2 × normal wage
Sunday (usual work day)1.5 × normal wage
Public holiday (normal work day)Double the normal day’s pay
Night work (18:00 to 06:00)An allowance or shorter hours, by agreement

These hours and overtime rules do not have to apply to senior managers or to employees earning more than the BCEA earnings threshold, which is R 269 900,90 a year from 1 May 2026.

Annual leave

You earn at least 21 consecutive days of paid annual leave in each 12-month cycle, which is 15 working days for a five-day week. Leave must be granted within six months of the end of the cycle, and it cannot be paid out instead of taken while you are still employed. When you leave, unused annual leave must be paid out.

Sick, family and parental leave

LeaveMinimum
Sick leave30 days in a 3-year cycle for a 5-day week (1 day per 26 worked in the first 6 months)
Family responsibility leave3 days a year, after 4 months, for an employee who works at least 4 days a week, when a child is sick or a close family member dies
Maternity and parental leaveThe BCEA gives birth mothers 4 consecutive months and other parents 10 days. A 2025 Constitutional Court ruling lets parents share this leave, so check the current rules with your employer. UIF can pay a benefit while you are on leave

An employer may ask for a medical certificate if you are off sick for more than two days in a row, or more than twice in eight weeks. Sick leave and family responsibility leave are not paid out when you leave.

The national minimum wage

From 1 March 2026 the national minimum wage is R 30,23 an hour, including for farm and domestic workers. For a 45-hour week that is about R 5 890 a month. Allowances, tips and payments in kind do not count towards it.

Frequently asked questions

Can my employer force me to work overtime?

No. Overtime must be agreed, either in your contract or each time, and it is limited to 10 hours a week.

Do public holidays count as annual leave?

No. If a public holiday falls during your annual leave, you get an extra day of leave.

Who enforces these rules?

Labour inspectors from the Department of Employment and Labour. Disputes about unpaid amounts can be referred to the CCMA.

Related calculators

Sources and review note

Sections 9 to 27 of the Basic Conditions of Employment Act; earnings threshold effective 1 May 2026; National Minimum Wage Act and the rate gazetted for 1 March 2026. Checked 16 October 2026. This guide is general information, not legal advice.