The Labour Laws Amendment Act (LLAA),  Act No 10 of  2018 amends the BCEA by introducing new forms of leave into South Africa labour system. Parental leave, adoption leave and commissioning parental leave is now available to employees as follows:

Parental leave

25A. (1) An employee, who is a parent of a child, is entitled to at least ten

consecutive days parental leave.

 

(2) An employee may commence parental leave on—

(a) the day that the employee’s child is born; or

(b) the date—

(i) that the adoption order is granted; or

(ii) that a child is placed in the care of a prospective adoptive

parent by a competent court, pending the finalisation of an

adoption order in respect of that child,

whichever date occurs first.

 

(3) An employee must notify an employer in writing unless the

employee is unable to do so, of the date on which the employee intends to—

(a) commence parental leave; and

(b) return to work after parental leave.

 

(4) Notification in terms of subsection (3) must be given—

(a) at least one month before the—

(i) employee’s child is expected to be born; or

(ii) date referred to in subsection 2(b); or

(b) if it is not reasonably practicable to do so, as soon as is reasonably

practicable.

 

(5) The payment of parental benefits will be determined by the Minister,

subject to the provisions of the Unemployment Insurance Act, 2001 (Act

No. 63 of 2001).

 

Adoption leave

 

25B. (1) An employee, who is an adoptive parent of a child who is below

the age of two, is subject to subsection (6), entitled to—

(a) adoption leave of at least ten weeks consecutively; or

(b) the parental leave referred to in section 25A.

 

(2) An employee may commence adoption leave on the date—

(a) that the adoption order is granted; or

(b) that a child is placed in the care of a prospective adoptive parent by a

competent court, pending the finalisation of an adoption order in

respect of that child,

whichever date occurs first.

 

(3) An employee must notify an employer in writing, unless the

employee is unable to do so, of the date on which the employee intends to—

(a) commence adoption leave; and

(b) return to work after adoption leave.

(4) Notification in terms of subsection (3) must be given—

(a) at least one month before the date referred to in subsection (2); or

(b) if it is not reasonably practicable to do so, as soon as is reasonably

practicable.

 

(5) The payment of adoption benefits will be determined by the Minister,

subject to the provisions of the Unemployment Insurance Act, 2001 (Act

No. 63 of 2001).

 

(6) If an adoption order is made in respect of two adoptive parents, one

of the adoptive parents may apply for adoption leave and the other adoptive

parent may apply for the parental leave referred to in section 25A: Provided

that the selection of choice must be exercised at the option of the two

adoptive parents.

 

(7) If a competent court orders that a child is placed in the care of two

prospective adoptive parents, pending the finalisation of an adoption order

in respect of that child, one of the prospective adoptive parents may apply

for adoption leave and the other prospective adoptive parent may apply for

the parental leave referred to in section 25A: Provided that the selection of

choice must be exercised at the option of the two prospective adoptive

parents.

 

Commissioning parental leave

 

25C. (1) An employee, who is a commissioning parent in a surrogate

motherhood agreement is, subject to subsection (6), entitled to—

(a) commissioning parental leave of at least ten weeks consecutively; or

(b) the parental leave referred to in section 25A.

 

(2) An employee may commence commissioning parental leave on the

date a child is born as a result of a surrogate motherhood agreement.

 

(3) An employee must notify an employer in writing, unless the

employee is unable to do so, of the date on which the employee intends to—

(a) commence commissioning parental leave; and

(b) return to work after commissioning parental leave.

 

(4) Notification in terms of subsection (3) must be given—

(a) at least one month before a child is expected to be born as a result of

a surrogate motherhood agreement; or

(b) if it is not reasonably practicable to do so, as soon as is reasonably

practicable.

 

(5) The payment of commissioning parental benefits will be determined

by the Minister, subject to the provisions of the Unemployment Insurance

Act, 2001 (Act No. 63 of 2001).

 

(6) If a surrogate motherhood agreement has two commissioning parents,

one of the commissioning parents may apply for commissioning parental

leave and the other commissioning parent may apply for the parental leave

referred to in section 25A: Provided that the selection of choice must be

exercised at the option of the two commissioning parents.

 

(7) In this section, unless the context otherwise indicates—

‘commissioning parent’ has the meaning assigned to it in section 1 of the

Children’s Act, 2005 (Act No. 38 of 2005); and

‘surrogate motherhood agreement’ has the meaning assigned to it in

section 1 of the Children’s Act, 2005 (Act No. 38 of 2005).

 

The LRAA provides for unemployment insurance benefits to be paid to parents who take parental leave, adoption leave and/or commissioning parental leave. Once the implementation date of the parental leave comes into force and effect, it will be paid out of the Unemployment Insurance Fund (UIF).

Employers are advised to amend their employment contracts to include paternity leave paid out to the employee by UIF.

These amendments will improve the bonding relationship between parents and the child and strengthen family relations.

For further information you can contact Bernard Reisner:
W. Tel: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 3959
Email: bernard@capelabour.co.za