maternity leave south africa 2020

Leave may commence on the day that the adoption order is granted, or the day that a competent court places the child in the care of a prospective adoptive parent. All three of the new categories of leave above are unpaid, as is the case with maternity leave. While she would probably not be entitled to the normal four months’ maternity leave, she would in all likelihood be entitled to at least six weeks’ maternity leave envisaged by section 25(3) of the BCEA. They — along with mothers of children born through surrogacy — will be given 10 days of paid paternity leave. The third category of leave is the so-called commissioning parental leave that relates to surrogate motherhood. For employees whose actual date of confinement is before 11 December 2020, their maternity leave entitlement will follow the current entitlement of 10 weeks. This follows a proclamation issued by the President (on 23 December 2019) in terms of section 17 of the Labour Laws Amendment Act of 2018. The amendments to the Basic Conditions of Employment (BCEA) – which form the basis of employees’ right to parental, adoption and commissioning parental leave – have now been promulgated. In order to qualify an employee has to have been employed for at least 13 weeks. This means that you are entitled to take the full four months leave if required. However, employees that take this leave may claim benefits from the Unemployment Insurance Fund. The paternity leave was originally signed into law by President Cyril Ramaphosa in November 2018. Adoption benefits already form part of the UI Act but it appears that the right to access commissioning parental leave of up to 10 consecutive weeks per annum will only be system-ready in the UI context from 1 April 2020 when the systems have passed user acceptance testing in this regard. The second category relates to the adoption of a child that is below the age of two. Callout Box. Maternity benefits at UIF As an employed female contributor to the Unemployment Insurance Fund (UIF), you can apply for maternity benefits when you go on maternity leave. If there are two commissioning parents, they can choose: if the one takes commissioning parental leave, the other can take normal parental leave. (The family responsibility benefits associated with the illness of a child or the death of a close family member remain unchanged.). If you are starting a business, it will be best to speak to lawyers familiar with employment law in South Africa to help you operate as an employer within the ethical boundaries of good practice and the boundaries of the law. If your leave is unpaid and your employee has been contributing to the Unemployment Insurance Fund (UIF), you will be able to claim benefits during the period that you’re on maternity leave. The atmosphere is usually full of excitement and joy as everyone around the new mother expects the bundle of joy. Under the BCEA, employees will be able to access parental leave of up to 10 days each year. Paternity leave in South Africa permits employees who are parents and who are not covered by maternity leave to be entitled to 10 consecutive days off. by Quintin Coetzee. Sources: [1], [2]. The commissioning parent who will primarily be responsible for looking after the child (primary commissioning parent) will be entitled to commissioning parental leave. Employee rights under the BCEA. In terms of the recent amendments to the BCEA, the provision entitling an employee to family responsibility leave on the birth of an employee’s child has been repealed (leaving the remainder of section 27 intact). These revised benefits, published on 23 December 2019 in Gazette 42925, came into effect on 1 January 2020. Parental leave may commence on the day that the child is born. 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