FAQ – Family and Medical Leave Act (FMLA)

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law in the United States that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.

Is FMLA applicable in South Africa?

No, FMLA is a United States federal law and is not applicable in South Africa. However, South African labor laws do provide for certain types of leave, including family responsibility leave and sick leave.

What is family responsibility leave?

Family responsibility leave is a type of leave that is provided for in South African labor law. It allows employees to take up to three days of paid leave per year to attend to certain family responsibilities, such as the birth of a child or an illness or death in the family.

What is sick leave?

Sick leave is another type of leave that is provided for in South African labor law. It allows employees to take paid leave when they are ill or injured and unable to work.

What if my employer is not allowing me to take family or medical leave?

If your employer is not allowing you to take family or medical leave that you are entitled to under South African labor law, you may want to seek legal advice from an attorney who specializes in labor law. They can help you understand your rights and options under the law.

Can I be fired for taking family or medical leave?

No, employers in South Africa are not allowed to fire employees for taking family or medical leave that they are entitled to under the law. If you believe that you have been fired for taking leave that you are entitled to, you may want to seek legal advice from an attorney who specializes in labor law.

Can my employer require me to provide medical documentation for my leave?

Yes, employers in South Africa are allowed to require employees to provide medical documentation in order to take sick leave. They may also require documentation for other types of leave, depending on the circumstances.

Labour lawyers in South Africa primarily deal with laws and regulations related to employment and labor rights. They handle cases involving issues such as unfair dismissals, discrimination, workplace safety, wages, collective bargaining, and industrial disputes. The main legislation that governs labor relations in South Africa is the Labour Relations Act of 1995, which establishes the rights and obligations of employers, employees, and trade unions. Another significant law is the Basic Conditions of Employment Act, which sets out the minimum standards for employment conditions. Additionally, the Employment Equity Act promotes equality and prohibits unfair discrimination in the workplace. The Commission for Conciliation, Mediation, and Arbitration (CCMA) is a key body responsible for resolving labor disputes. For more information on South African labor laws and relevant governing bodies, you can visit the following links:

1. Labour Relations Act: https://www.acts.co.za/labour-relations-act-1995
2. Basic Conditions of Employment Act: https://www.acts.co.za/basic-conditions-of-employment-act-1997
3. Employment Equity Act: https://www.acts.co.za/employment-equity-act-1998
4. Commission for Conciliation, Mediation, and Arbitration (CCMA): http://www.ccma.org.za/