Commencement of Parental leave
The President of the Republic has determined that sections 8(a)(cA), 11, 15 and 16 of the Labour Laws Amendment Act No. 10 of 2018 relating to parental leave shall come into operation on 1 November 2019.
The aforementioned sections amend the Unemployment Insurance Act No. 63 of 2001 as follows: The addition of section 12(1)(cA) in the Act to incorporate parental benefits as contemplated in the newly inserted Part DA; and the insertion of Part DA in the Act titled “Parental Benefits” providing for the right to parental benefits, application for parental benefits as well as the payment of parental benefits.
In terms of these amendments, employees who do not qualify for Maternity Leave will now be granted 10 consecutive days’ Parental Leave when their child is born or when an adoption order is granted.
Parents who adopt children under the age of two years will be able to take adoptive leave of 2 months and two weeks consecutively (10 weeks consecutively). If there are two adoptive parents, only one will qualify for adoptive leave and the other for 10 consecutive days of parental leave.
The Act also makes provision for parents who are part of a surrogacy agreement, one parent will be entitled to 10 consecutive weeks of commissioning parental leave and the other parent is entitled to 10 consecutive days of parental leave.
Parental leave, Adoptive leave and Commissioning Parental Leave will be unpaid, and the employees can claim from the Unemployment Insurance Fund.