NEW PARENTAL LEAVE PROVISIONS ARE NOW IN FORCE

The new parental leave provisions are finally in force.  As of 1 January 2020, employees are entitled to three extra forms of leave which includes parental leave, adoption leave and commissioning parental leave. (South African Labour Laws Amendment Act, 2018 and incorporated into the BCEA)

PARENTAL LEAVE

An employee is entitled to 10 consecutive days when the child is born;

on the date that the adoption order is granted;  or

the date that the child is placed in the care of an adoptive parent by a court, whichever date occurs first.

ADOPTION LEAVE

An employee who is an adoptive parent of a child younger than 2 years had the right to adoption leave of at least 10 consecutive weeks or parental leave according to the law.  In the case of adoptions, the one parent can now take at least 10 consecutive weeks adoption leave while the other parent will be able to take at least 10 consecutive days parental leave.  It is up to the parents to decide which form of leave is suitable for each. (Sec 25A)

COMMISSIONING PARENTAL LEAVE

Employees who are parents in a surrogate motherhood agreement are entitled to either commissioning parental leave of at least 10 consecutive weeks or parental leave of at least 10 consecutive days.  The commissioning parents can decide which of them will take which leave. (Sec 25C)

When the parents are expecting a child, the parent who give birth will be able to take maternity leave of at least four months and the other parent will be entitled to at least 10 consecutive days parental leave.

All 3 mentioned leaves are unpaid.

For assistance with drafting employee contracts and/or to review your current employee contracts you can contact us on infobfn@dtllaw.co.za or phone us at T:  051 433 1415, Bloemfontein Office.

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