How Long Is a Paternity Leave in South Africa?
In South Africa, leave issues are on the rise. People have long advocated for greater inclusivity in parental leave entitlement. The legislation has finally been passed.
The provision entitling an employee to family responsibility leave upon the birth of an employee’s child has been repealed (leaving the remainder of section 27 intact). For a long time, section 27 of the Basic Conditions Employment Act guaranteed employees a minimum of four days of family responsibilities leave.
What Is a Paternity Leave?
A paternity leave in South Africa grants working South African men 10 days of paternity leave following the birth of their child beginning in January 2019. The new law states that all parents, including fathers, adopting parents, and surrogates, are now entitled to 10 days of unpaid parental leave when their children are born under the new law.
This new legislation, however, does not apply to new mothers because they are already entitled to maternity leave under the Basic Conditions of Employment Act (BCEA).
Background
The expansion of parental leave coverage and commissioning of parental leave is consistent with UIF’s mandate of providing social security to vulnerable workers, as well as our mission of providing both financial and social relief to the right person, at the right time, every time. However, the uncertainty about when the regulations would go into effect wreaked havoc on some businesses. President Ramaphosa first signed the Labor Laws Amendment Bill into law in November 2018.
Which Provisions Does The Amendments Provide?
- An employee who is a parent of a child is entitled to ten (10) days of uninterrupted parental leave. They have the right to take this leave on the first occurrence of the date the child is born, the date an adoption order is granted, or the date a child is placed in the care of a potential adoptive parent by a competent court pending the finalisation of an adoption order.
- An employee who intends to take parental leave must provide their employer with at least one calendar month’s written notice of the date they intend to begin parental leave and when they intend to return to work, known as the parental leave notice period.
- Notwithstanding, in an event that an employee’s child is born prematurely, more than a calendar month before the expected date of birth, the employee will not be required to submit parental leave notice, but rather will be entitled to it.
- An employee is not required to provide parental leave notice if it is not reasonably possible to do so. The employee must, however, notify the employer in writing of the date they intend to begin parental leave and return to work as soon as reasonably
Possible.
- UIF contributors will also be able to claim parental and commissioning parental benefits under these amendments if an employer is unable to pay the worker’s full salary.
- An employee who intends to take adoption leave must submit at least one calendar month’s written notice to his or her employer of the date on which they intend to commence adoption leave and return to work thereafter, known as “adoption leave notice”.
- On the date of the child’s birth, the employee may begin commissioning parental leave.
Changes to the Basic Conditions of Employment Act
Paternity leave is not to be deducted from an employee’s annual leave, leave bonus, or sick leave. Companies will need to revise their policies to accommodate the aforementioned changes to the Basic Conditions of Employment Act.
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Who Can Request For A Paternity Leave
Any employee who enters into a surrogate motherhood agreement as defined by the Children’s Act will be entitled to 10 weeks of consecutive leave or the aforementioned parental leave.
You should know that, in order to be eligible for parental leave benefits, a person must have worked for at least 13 weeks.
The Benefits of Paternity Leave
Paternity leave provides an excellent opportunity for parents to bond with their children and support one another.
Who pays for paternity leave?
The South African Unemployment Insurance Fund will pay paternity leave at a rate of 66% of the employee’s total earnings on the date of application, subject to certain rules and conditions, including a threshold constraint.
NB// this is an informational piece and is not intended to substitute legal or other professional advice. There is no acceptance of liability for any errors or omissions, nor for any loss or damage resulting from reliance on any of the information contained herein. Always contact your adviser for specific and detailed advice.
