Legal Articles

In line with the new changes to worker's leave, employers must ensure that their Company Leave Policies are adaptive together with payrolls, leave forms, employment contracts and so forth.

In this article, we highlight some fast facts with regards to the new amendments and what they mean for the employee and employer relationship.

Which law was amended by the Labour Law Amendment Act?

The Basic Conditions of Employment Act 75 of 1997, as well as the Unemployment Insurance Act 63 of 2001.

What is the Commissioning Parental leave?

Commissioning parental leave is the leave available to an employee who becomes a parent through a surrogacy agreement.

Was Maternity leave also amended?

Maternity leave was not amended and is still available to female employees who give birth (biological mothers).

What is the difference between Maternity leave and Parental leave?

Maternity leave is available to female employees who give birth (biological mother) whilst parental leave is available to male parents as well as female parents in same sex relationships. Put in other words, parental leave is available to a parent who is not the biological mother of the child.

Will adoption leave be available to parents who adopt children aged 10 years?

Adoption leave is available to parents who adopt children under the age of two years, so in this case adoption leave will not apply.

What documents are needed to support Adoption leave?

A copy of the Adoption Court Order.

Are UIF benefits applicable with regards to the parental, adoption and surrogacy leave?

Yes. The LLAA amended the UIA as well to provide for UIF benefits in these categories of leave.

Are the parental, adoption and surrogacy, paid leave?

No. the employer has an option however to make them partially paid.

What leave will be available between males in a same sex relationship?

In the case of same sex male relationships, one parent may take parental leave while the other may take the adoption or commissioning parental leave. It depends on whether they became parents through adoption or surrogacy.

Can two females in a same sex relationship both take maternity leave?

No, maternity leave is only available to the biological mother. The other female spouse may take parental leave.

How long is parental leave and does it include weekends and public holidays?

10 days, and yes it includes weekends and public holidays.

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