Legal Articles

South Africa’s Labour and/or Employment regulation landscape is on an advancement path, if anything about the Labour Laws Amendment Act 10 of 2018 (LLAA) is to go by.

New Worker's Leave Amendements

The LLAA amended some provisions of the Basic Conditions of Employment Act 75 of 1997 (BCEA) to provide for further categories of leave. These fed into the spirit and purpose of the Children’s Act 38 of 2005, to safeguard the wellbeing of minor children. 

The introduced leave types are the:

• Parental leave,
• Adoption leave
• and Commissioning Parental leave (surrogacy).

The Unemployment Insurance Act 63 of 2001 (UIA) now provides for benefits under these categories of leave, with employees entitled to apply for such benefits from the Unemployment Insurance Fund (UIF).

The focus of this article will be to guide employers on what they may need to do in light of the LLAA and its provisions, so as to comply without complications.

1. It will be necessary for employers to conduct awareness programmes so that the employees may know what their rights, options and possibilities are under the new provisions brought about by the LLAA.
2. The Human Resource Departments will need to have the knowledge and capacity to assist employees who wish to apply for benefits accorded under the new types of leave from the UIF.
3. Payroll systems must be amended in such a way that recognises and accommodates the new leave types.
4. Employment Contracts will require to be amended to incorporate the changes. The employment relationship is a contractual one and therefore these changes in the labour laws ought to be incorporated and signed off by using an addendum to existing contracts.
5. Parental, commissioning parental and adoption leave need to be incorporated into the Company’s Leave Policy.
6. Leave is applied for through relevant forms provided by the Human Resources Department. Therefore these forms need to be amended to reflect the new changes.
7. Due to possible risk of abuse, the Leave Policy ought to provide that proof is required when leave is being sought. For example, both parents may apply for similar leave from their employers, which case was not envisaged when the amendments were promulgated.

Van Deventer & Van Deventer Inc. - Labour Law Attorneys in South Africa

Our Labour Law department is manned by astute, seasoned, qualified and professional attorneys who assist in almost all aspects of employment law. Having gone through a challenging pandemic since last year, the labour market tumbled and we have been at the forefront to assist employees and employers to safeguard interests and enforce rights.

Our distinguished labour law services are tailored to give you fond memories that will last for a very long time. We assist companies to comply with the LLAA and advise employees on what their rights and options are with regards thereto.

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