New leave categories introduced 1 January

The New National Minimum Wage is not the only new terms and conditions that came into effect through the amendments of the Basic Conditions of Employment Act.  Three more leave categories that were added, namely:

• Parental leave
• Adoption leave
• Commissioning parental leave (leave for a person who commissions another to bear a child for them)

These apply to all employees, including domestic workers, i.e. an employee who performs work in the home of their employer, and includes a gardener, driver or person who looks after children, the aged, sick, frail or disabled in a private household, but not on a farm.

Although these leave days are not paid leave by the employer, it is extremely important to take note that the benefits will be paid through the Unemployment Insurance Fund (UIF).

These changes mean that employers MUST register themselves and their employees with the UIF.  (The law further states that any employee who works more than 27 hours per month must be registered with the UIF)

We urge Employers to register as soon as possible to avoid unnecessary penalties and interest.

The impact of these leave categories is explained below;

1. Parental leave

The Act now provides that an employee, who is a parent of a child, is entitled to at least 10 (ten) consecutive days parental leave, and parental leave can be taken in any of the following cases;

• in the case of birth of the employee’s child,
• in the case of the adoption of a child, and/or
• a child is placed in the care of a prospective adoptive parent, pending the finalisation of an adoption order.

The following conditions apply:-

• An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to –
  • Commence parental leave, and
  • Return to work after parental leave.
• Notification must be given –
  • At least one month before the –
    • Employee’s child is expected to be born, or
    • Date of the adoption of the child, or
    • Date that the child is placed in the care of the prospective adoptive parent
  • If it is not reasonable practicable to give these notice, then as soon as reasonable possible.

If there is any doubt whether the worker has complied with the conditions, do not hesitate to contact admin@edomestix.co.za

2. ADOPTION LEAVE

Adoption Leave period:

Where an employee is an adoptive parent of a child who is below the age of 2 years, the employee is entitled to;

(a) adoption leave of at least ten weeks consecutively; or

(b) the parental leave referred to in section 25A, as discussed above.

Must the employee give notice when taking Adoption Leave:

An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to—

(a) commence adoption leave; and

(b) return to work after adoption leave.

Notification as stated above, must be given—

(a) at least one month before the date referred to in subsection (2); or

(b) if it is not reasonably practicable to do so, as soon as is reasonably

practicable.

When can Adoption Leave commence:

An employee may commence adoption leave on the date;

(a) that the adoption order is granted; or

(b) 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, whichever date occurs first.

3. Commissioning Parental Leave

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

(b) the parental leave referred to in section 25A, as discussed above.

The employee may commence commissioning parental leave on the date a child is born as result of a surrogate motherhood agreement.

An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to –

• Commence commissioning parental leave, and
• Return to work after commissioning parental leave.

Notification in writing must be given –

• At least one month before a child is expected to be born as a result of a surrogate motherhood agreement, or
• If it is not reasonably practicable to do so, as soon as is reasonably practicable.

If a surrogate motherhood agreement has two commissioning parents, one of the commissioning parents may apply for commissioning parental leave and the other commissioning parent may apply for the parental leave referred to in Section 25A as discussed above.

It is suggested that Employers should keep proper records of applications and approvals of the leave with the notice given by the Employees in terms of sections 25A(3) and (4), 25B(3) and (4) as well as 25C(3) and (4) respectively.

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