01.12.2017

New law provides for parental, adoption and commissioning parental leave

On 28 November 2017, the National Assembly approved a Bill that will give employees in South Africa the right to 10 days parental leaveElize van der Westhuizen, Agbiz representative at the NEDLAC Labour Market Chamber. 

On 28 November 2017, the National Assembly approved a Bill that will give employees in South Africa the right to 10 days parental leave.  The Labour Laws Amendment Bill was passed by the National Assembly and will now be considered by the National Council of Provinces. 

The Bill provides for parental leave, adoption leave and commissioning (surrogacy) parental leave.  It subsequently also provides for the provision to claim benefits from the Unemployment Insurance Fund for adoption and commissioning parental leave. 

A father qualifies and can claim the parental benefit only if their information is shown on the birth certificate of the child. 

A parent who is an adoptive parent of a child who is below the age of two, is entitled to at least ten days consecutive leave since the date that the adoption order is granted or the child is placed in the days of a prospective adoptive parent by a court.  

Agbiz advises its members to change their leave policy as soon as the law comes into operation and ensure that the necessary proof is provided by employees to claim the leave benefit.

Elize van der Westhuizen
Agbiz representative at the NEDLAC Labour Market Chamber
info@complyplus.co.za

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