Inclusive Parental Leave
Nozipho Mvulane
The Labour Laws Amendment Act 10 of 2018 (LLAA) was signed into law late November 2018. Large sections of the LLAA came into effect on 1 January 2020; being the parental leave provisions.
Greater protection to employees who are parents
The LLAA’s main objective is to provide greater protection and extended benefits to employees who are parents and to those parents who do not fall into the traditional and current definition of “employee” and “parents” in section 1 of the Basic Conditions of Employment Act 75 of 1997 and the Labour Relations Act 66 of 1995.
The provisions relating to minimum wage and unemployment insurance have commenced. It is worth noting that they commenced at different dates in 2019. The more inclusive provisions relating to parental leave came into effect on 1 January 2020.
Provisions relating to adoption leave, paternity leave, and commissioning parent leave
The noteworthy provisions relating to parental leave (adoption leave, paternity leave, and commissioning parent leave) that companies will need to comply with (once commenced are):
- Individual employers may provide paid maternity and paternity leave for their employees in terms of their employment contract or a maternity or paternity benefits policy but must ensure that their policies in this regard are not discriminatory.
- The payment of maternity and adoption benefits (provided by the state) is determined in terms of the Unemployment Insurance Act 63 of 2001.
- Ten consecutive days’ leave can be taken by an employee the day their child is born.
- Where a child over the age of two has been adopted, the employee will be eligible to take ten consecutive days’ leave. This will begin either on the date that an adoption order is granted or the date on which a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order.
- An employee is an adoptive parent of a child under the age of two, and commissioning parents in a surrogate motherhood agreement will be entitled to:
- If there is only one adoptive or commissioning parent, they will be entitled to 10 consecutive weeks leave from the of the adoption order is granted, or the date on which a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order.
- In the case of commissioning parents, on the date on which the child is born.
- However, if there are two adoptive or commissioning parents, then only one parent will be entitled to 10 consecutive weeks leave and the other will be entitled to 10 consecutive days leave.
The LLAA aims to provide greater protection and leave to parents who are adopting a child, parents expecting via a surrogate and fathers who are expecting children.
For assistance in drafting and implementing Leave Policy’s such as:
- maternity
- parental
- annual
- sick
- study and examination
- family responsibility,
Please do not hesitate to contact us on info@rajarammvulane.co.za
