The Labour Laws Amendment Act 10 of 2018 (LLAA) amended the Basic Conditions of Employment Act 75 of 1997 with regards to categories of leave, as well as unemployment insurance (UIA). It introduced the parental, adoption and commissioning parental (surrogacy) leave. This means that employees are now legally entitled to these types of leave in suitable circumstances. While maternity leave is for female employees who give birth, parental leave is much broader and is inclusive of fathers in heterosexual relationships, females in same sex relationships, or males in same sex relationships.
In the table below we will present some of the most important aspects with regards to parental, adoption and commissioning parental (surrogacy) leave.
Whom it applies to
Parent of child born
Adoptive parent of a child below the age of 2 years
Commissioning parent in terms of a surrogacy agreement
10 consecutive days
10 consecutive weeks
10 consecutive weeks to primary care-giving commissioning parent
Required documents to apply
Adoption Order of the Court
Commissioning Parent Agreement
Notification to employer
1 month notice or asap prior to expected birth
1 month before date of adoption or asap.
Paid or unpaid?
Unpaid (employer discretion)
Any UIF benefits?
Kindly take note of the below;
At Van Deventers & Van Deventers 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.
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