The Basic Conditions of Employment Act (BCEA) currently entitles a female employee to at least four consecutive months of maternity leave.<\/p>\n
The BCEA does not, however, make provision for similar leave benefits for adoptive parents, the other parent or for parents involved in surrogate arrangements.<\/p>\n
This is according to Jacques van Wyk, director at Werksmans Attorneys, who said that the Labour Laws Amendment Bill (LLA Bill) – which has now been passed by parliament and has been sent for assent by the President – amends the BCEA to provide for such leave.<\/p>\n
Van Wyk said that under the new bill, leave is categorised into three groups: parental leave, adoption leave, and commissioning parental leave.<\/p>\n
The amendments also provide for the payments during these leave periods.<\/p>\n
“The LLA Bill amends the BCEA to provide that an employee, who is a parent of a child, is entitled to at least ten consecutive days of parental leave,” he said.<\/p>\n
“The parental leave may commence on the day that the employee\u2019s child is born or whichever is earlier: the date that the adoption order is granted; or the date that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child.”<\/p>\n
Van Wyk added that the LLA Bill extends to an adoptive parent of a child who is below the age of two and that these parents will also be entitled to adoption leave of at least ten weeks consecutively or the parental leave referred to above.<\/p>\n
“The LLA Bill further amends the BCEA to provide that an employee, who is a commissioning parent in a surrogate motherhood agreement is entitled to a commissioning parental leave of at least ten weeks consecutively or the parental leave referred to above,” he said.<\/p>\n
Van Wyk said that under the changed laws, the payment of parental leave, adoption leave, and commissioning parental leave will not be paid by the employer but will instead be paid by the South African Unemployment Insurance Fund (UIF).<\/p>\n
“However it must be noted that before a person is entitled to any payment for parental leave, adoption leave, and commissioning parental leave, such person must have worked for 13 weeks,” he said.<\/p>\n