Annual Leave in South Africa: 21 Days, Pay and Leaving a Job

Annual leave in South Africa is governed by sections 20 and 21 of the Basic Conditions of Employment Act 75 of 1997 (the BCEA), with the payout rules on leaving in section 40. This guide explains how much leave the Act provides, the alternative ways it can accrue, when it must be granted and taken, how leave pay is worked out, what happens when a public holiday falls during your leave, and how unused leave is paid when a job ends.

All figures are current as of October 2026. Section references follow the SAFLII consolidation of the BCEA updated to 1 May 2026.

This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa (0800 110 110) if you cannot afford one.

Who is entitled to annual leave

Annual leave applies to every employee covered by the BCEA, except someone who works less than 24 hours a month for that employer (s19(1)). It applies regardless of salary: the 2026 earnings threshold of R269,600.90 a year switches off some working-time rules but not leave. See the Basic Conditions of Employment Act for what the threshold changes.

The Act is a minimum. A contract or collective agreement can give more leave. A bargaining council agreement may reduce annual leave, but never to less than two weeks (s49(1)(c)). Leave your employer gives above the legal minimum is governed by your agreement rather than by Chapter 3, unless the agreement says otherwise (s19(2)).

How much annual leave you get

Section 20(2)(a) requires an employer to grant "21 consecutive days’ annual leave on full remuneration in respect of each annual leave cycle." The annual leave cycle is the 12 months of employment with the same employer following your start date, or following the end of your previous cycle (s20(1)). It does not have to match the calendar year, although many employers align it by contract.

Because the days are consecutive, weekends and rest days inside the three weeks count. In working days the 21 consecutive days come to:

The table is simple arithmetic (three weeks multiplied by your normal working days). The Act itself speaks only of 21 consecutive days, which is why a contract offering "15 working days" to a five-day worker meets the minimum, and "21 working days" is more generous than the law requires.

The 1-in-17 alternatives

Instead of the 21-day rule, an employer and employee may agree that leave accrues as it is earned (s20(2)(b) and (c)):

• One day for every 17 days on which the employee worked or was entitled to be paid, or
• One hour for every 17 hours on which the employee worked or was entitled to be paid.

Both options are available only by agreement. For a full-time worker they land close to the 21-day rule. A Monday to Friday worker is at work or entitled to pay on about 260 days a year, and 260 divided by 17 is about 15 days. A 40-hour-a-week worker has about 2,080 paid hours a year, which at one hour per 17 gives about 122 hours of leave, again roughly 15 eight-hour days. The accrual options suit part-time and irregular workers, whose leave then tracks the time they actually work.

Occasional leave. If your employer grants you occasional days of fully paid leave at your request during the cycle, it may reduce your annual leave for that cycle by the same number of days (s20(7)).

When annual leave must be granted and taken

The main timing rules in section 20 are:

• Deadline. "An employer must grant annual leave not later than six months after the end of the annual leave cycle" (s20(4)). For example, leave for a cycle ending on 31 March 2026 must be granted by 30 September 2026.
• Who picks the dates. Leave is taken by agreement between you and your employer. If there is no agreement, it is taken "at a time determined by the employer in accordance with this section" (s20(10)).
• Consecutive days. The Act provides that leave accumulated in a cycle may be taken on consecutive days (s20(3)), so an employer cannot insist on breaking it up against your wishes.
• No work during leave. Your employer may not require or permit you to work for it during annual leave (s20(9)).
• Not during other leave or notice. Your employer may not require or permit you to take annual leave during sick leave, family responsibility leave or other Chapter 3 leave, or during a notice period (s20(5)). The exception is unpaid leave: if you ask in writing, your employer must allow you to take annual leave during a period of unpaid leave (s20(6)).

The BCEA does not itself state what happens to leave an employee never takes. Contracts and leave policies often set forfeiture rules, and disputes about lost leave turn on the policy and the facts, including whether the employer actually granted the leave in time. If you are told leave will be forfeited, ask for the policy in writing.

How leave pay is worked out

Section 21(1) requires leave pay "at least equivalent to the remuneration that the employee would have received for working for a period equal to the period of annual leave", calculated at your rate of remuneration immediately before the leave begins and in accordance with section 35.

Two points follow from that wording:

• Remuneration, not just basic wage. Leave pay is measured by remuneration, which is a broader concept than your basic wage. The Minister has power under section 35(5) to determine which payments, in money or in kind, count.
• Commission and variable pay. Where pay is calculated wholly or partly on a basis other than time, or fluctuates significantly, payments under the Act are calculated by reference to your remuneration over the preceding 13 weeks, or the shorter period you have been employed (s35(4)). A commission earner’s leave pay should therefore reflect recent average earnings, not basic salary alone.

Leave pay must be paid before the leave starts or, by agreement, on your usual pay day (s21(2)).

Public holidays during annual leave

Section 20(8) provides: "An employer must grant an employee an additional day of paid leave if a public holiday falls on a day during an employee’s annual leave on which the employee would ordinarily have worked."

The extra day depends on whether the holiday lands on one of your normal working days. Take leave from Monday 14 December 2026 to Friday 1 January 2027, which covers Wednesday 16 December (Day of Reconciliation), Friday 25 December (Christmas Day), Saturday 26 December (Day of Goodwill) and Friday 1 January (New Year’s Day):

• A Monday to Friday worker would ordinarily have worked on 16 December, 25 December and 1 January, so is entitled to three extra days of paid leave. The Saturday holiday adds nothing, because a Saturday is not one of their working days and Saturday holidays do not move to the Monday.
• A Monday to Saturday worker would ordinarily have worked on all four days, so is entitled to four extra days.

For every 2026 and 2027 holiday date, and the Sunday-to-Monday rule, see public holidays in South Africa.

Can you sell your leave back to your employer?

Not while you remain employed, as far as the statutory minimum goes. Section 20(11) states: "An employer may not pay an employee instead of granting paid leave in terms of this section except (a) on termination of employment; and (b) in accordance with section 40(b) and (c)."

The purpose is to make sure people actually rest. Days your contract gives above the minimum are different: because Chapter 3 does not apply to leave granted in excess of the statutory entitlement unless your agreement says otherwise (s19(2)), whether those extra days can be cashed in depends on your contract or leave policy.

Annual leave when you leave a job

Section 40 sets out what an employer must pay on termination of employment, whether you resign, are dismissed or are retrenched. For annual leave it requires:

1. Leave due and not taken. Remuneration, calculated under section 21(1), for any annual leave due for completed cycles that you have not taken (s40(b)).
2. Pro-rata leave for the unfinished cycle. If you have been employed for longer than four months, one day’s remuneration for every 17 days on which you worked or were entitled to be paid in the incomplete cycle, or a calculation at least as favourable (s40(c)).

Example. Lerato has worked Monday to Friday for 2 years and 7 months, and leaves seven months into her third leave cycle. Any leave still due from her first two cycles must be paid out in full. For the unfinished cycle, she has worked or been paid on about 152 days (roughly 21.7 working days a month for seven months), and 152 divided by 17 is about 9, so she is owed roughly 9 days’ remuneration on top. The exact figure depends on the actual days worked and paid.

Someone who leaves within their first four months is not owed the pro-rata payment under section 40(c), although they are still owed any paid time off due under s40(a) and anything their contract provides.

Because an employer may not require or permit annual leave during a notice period (s20(5)(b)), you generally cannot use up leave days to shorten your notice; the leave is paid out instead. For notice rules, see notice periods in South Africa. Leave pay is separate from, and in addition to, any severance pay on retrenchment; see retrenchment and severance pay.

If your employer gets it wrong

You can complain to a labour inspector at a Labour Centre about unpaid leave pay or refused leave. An employee earning below the threshold can also refer a claim for the amount owed directly to the CCMA under section 73A of the BCEA; a higher earner claims in the Labour Court or a civil court. See how to refer a dispute to the CCMA. The CCMA’s call centre is 0861 16 16 16.

Where to go next

For other types of leave, see sick leave and family responsibility leave. The South Africa labour law section links every guide in this series, and the South Africa Laws hub covers the wider site.

Frequently Asked Questions

How many days of annual leave am I entitled to in South Africa?

At least 21 consecutive days on full pay for each 12-month leave cycle under section 20(2)(a) of the BCEA. For someone who works Monday to Friday that is three weeks, or 15 working days. Your contract may give more.

Is annual leave 21 working days or 21 calendar days?

The Act says 21 consecutive days, which includes weekends and rest days inside that period. A contract that gives 21 working days is more generous than the legal minimum.

Can my employer decide when I take my annual leave?

Leave is taken by agreement. If you and your employer cannot agree, the employer may set the time, but it must still grant the leave no later than six months after the end of the leave cycle, and the Act provides that it may be taken on consecutive days (s20(3), (4) and (10)).

Can I ask my employer to pay me instead of taking leave?

Not for the statutory minimum while you are still employed. Section 20(11) bans paying an employee instead of granting leave, except on termination of employment. Extra leave days your contract gives above the minimum may follow different rules set by the contract.

Do I get an extra leave day if a public holiday falls during my annual leave?

Yes, if the holiday falls on a day you would ordinarily have worked. Section 20(8) gives you an additional day of paid leave for it. A holiday on a day you do not normally work, such as a Saturday for a Monday to Friday worker, adds no extra day.

How is my leave paid out when I resign or am dismissed?

Your employer must pay you for any annual leave due and not taken from completed cycles and, if you have worked there for longer than four months, one day’s remuneration for every 17 days you worked or were paid in the unfinished cycle (s40). This applies however the employment ends.

Can I use my annual leave to cover my notice period?

Generally not. Section 20(5)(b) says an employer may not require or permit an employee to take annual leave during a notice period. Untaken leave is paid out on termination instead.