Annual, Sick and Parental Leave and Working Hours: South Africa vs Italy

On paper, South African and Italian leave look similar: about a month of annual leave and protected sick and maternity leave. The differences lie in who pays, how long the protection lasts and how working time is counted. Full comparison on Italy vs South Africa .

Annual leave  

South Africa. The BCEA gives at least 21 consecutive days per annual leave cycle, or by agreement one day for every 17 days worked. Leave must be granted within six months after the cycle ends. It can be paid out only on termination, and public holidays do not count as leave.

Italy. Legislative Decree 66/2003 gives at least four weeks a year. At least two weeks must be taken in the year they accrue, the rest within 18 months, and the statutory four weeks can never be paid out except on termination. Most CCNLs add ROL or permessi, paid hours off that often amount to another week or more. From 2026 Italy has 12 national public holidays that can fall on a workday, after Law 151/2025 restored 4 October, plus Easter Monday and the local patron saint.

Sick leave  

South Africa. Employees get paid sick leave equal to the days they would normally work in six weeks, over a 36-month cycle , in practice 30 days for a five-day week. In the first six months, it is one day for every 26 days worked. The employer pays, and may ask for a medical certificate after more than two consecutive days or frequent absences.

Italy. There is no fixed number of days. The employee is paid from the first day with an online medical certificate. For most private-sector employees, INPS pays 50% from day 4 to day 20 and 66.66% from day 21, up to 180 days a year, and the CCNL usually requires the employer to top up to full or near-full pay. White-collar staff in industry receive no INPS sick pay; the employer pays under the CCNL. The job is protected for the comporto, a period set by the CCNL, often around six months. Dismissal for illness inside the comporto is void.

Maternity, paternity and parental leave  

South Africa. The BCEA gives at least four consecutive months’ maternity leave, starting up to four weeks before the due date. The Act does not require the employer to pay; the employee claims benefits from the UIF. Other parents have had 10 days’ parental leave. In October 2025 the Constitutional Court held the scheme unconstitutional and allowed parents to share the combined leave . The Department has also published a Bill for shared parental leave.

Italy. Under Legislative Decree 151/2001 :

• Maternity: five months of compulsory leave, paid at 80% by INPS, often topped up to 100% by the CCNL.
• Paternity: 10 working days at 100%, compulsory.
• Parental leave: up to nine months between the parents at 30%, three of them at 80% if taken within the child’s sixth year; it can be used until the child turns 14 from 2026.
• Dismissal is prohibited from the start of pregnancy until the child is one, save narrow exceptions.

Working hours and overtime  

South Africa. The BCEA caps ordinary hours at 45 a week (nine a day on a five-day week). Overtime needs agreement, is capped at 10 hours a week and is paid at 1.5 times. These rules do not apply to senior managers or employees above the earnings threshold .

Italy. The normal week is 40 hours, with CCNLs often setting less. Total working time must average no more than 48 hours a week, and overtime is capped at 250 hours a year unless the CCNL says otherwise, paid at CCNL premiums. There is no salary threshold that removes these protections; only genuine executives with autonomy over their time are excluded.

Side by side  

Common questions from South African managers  

Can we buy out unused leave each year? No. The statutory four weeks must be taken; only leave above the minimum, or leave outstanding at termination, can be paid out. Unused ROL is often paid out under the CCNL.

Who decides when leave is taken? As in South Africa, the employer sets the timing after considering the employee’s wishes, but many Italian businesses close for two or three weeks in August and over Christmas, and CCNLs regulate collective shutdowns.

Can we contact an employee on sick leave? Keep contact minimal. INPS can send a doctor to check the employee at home during set hours, and the employer can request such a check. Pressuring someone back to work early is risky.

Do flexible or remote workers have the same rights? Yes. Smart working in Italy needs a written agreement, a right to disconnect and the same pay and leave as office staff.

What this means if you hire through an EOR  

The EOR tracks accrual of leave and ROL on the payslip, handles INPS sick and maternity claims and their top-ups, and applies CCNL hours and overtime premiums. Plan for longer, better-paid parental absences in Italy than you might in South Africa, and budget for it in the calculator . See Italian employment contracts and Italy vs your country .

Related guides for companies in South Africa  

• BCEA vs the Italian contract and CCNL
• UIF, SDL and PAYE vs INPS
• LRA fair dismissal vs Italian dismissal rules

General information, not legal advice. Questions? Contact us .