Understanding Parental, Adoption & Commissioning Parental Leave | Legal Articles

 

Legal Articles

Understanding Parental, Adoption & Commissioning Parental Leave

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.

 

 

PARENTAL LEAVE

ADOPTION LEAVE

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

Leave period

 

10 consecutive days

 

10 consecutive weeks

10 consecutive weeks to primary care-giving commissioning parent

Required documents to apply

Birth certificate

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.

1 month notice or asap prior to expected birth

Paid or unpaid?

Unpaid (employer discretion)

Unpaid (employer discretion)

Unpaid (employer discretion)

Any UIF benefits?

Yes

Yes

Yes

 

Kindly take note of the below;

  • In the case of opposite sex parents of a child, the mother would ideally take maternity leave (if biological) whilst the father takes the parental leave.
  • In the case of same sex male relationship, one parent may take parental leave while the other may take the adoption or commissioning parental leave.
  • Where same sex female relationship is concerned, the biological mother may take the maternity leave while the other takes parental leave.
  • Employers may require proof of what category of leave the other parent has been granted to avoid abuse whereby both parents take the same type of leave.

 

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.

Contact us for comprehensive assistance.

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.

Comments are closed for this post, but if you have spotted an error or have additional info that you think should be in this post, feel free to contact us.


Subscription

Get the latest updates in your email box automatically.

Search

Archive

CloseCOVID-19 Corona Virus South African Resource Portal