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.
The Basic Conditions of Employment Act 75 of 1997, as well as the Unemployment Insurance Act 63 of 2001.
Commissioning parental leave is the leave available to an employee who becomes a parent through a surrogacy agreement.
Maternity leave was not amended and is still available to female employees who give birth (biological mothers).
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.
Adoption leave is available to parents who adopt children under the age of two years, so in this case adoption leave will not apply.
A copy of the Adoption Court Order.
Yes. The LLAA amended the UIA as well to provide for UIF benefits in these categories of leave.
No. the employer has an option however to make them partially paid.
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.
No, maternity leave is only available to the biological mother. The other female spouse may take parental leave.
10 days, and yes it includes weekends and public holidays.
At Van Deventer and Van Deventer, we offer a full spectrum of labour and employment law services. Our attorneys are astute and professional, assisting employers and employees alike. The labour relationship is one of competing interests between the employer and the employee, one needs attorneys who are knowledgeable and seasoned in this sophisticated area of law so that interests and rights are secured.
Contact us for comprehensive assistance with regards to employee and employer rights.
The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter. One should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The contents of this site contain general information and may not reflect current legal developments or address one’s peculiar situation. We disclaim all liability for actions one may take or fail to take based on any content on this site.
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