Good news for fathers and same-sex couples.  This new leave is specifically gender neutral.

New parents, adoptive parents and commissioning (surrogate) parents all have parental leave under the new Labour Laws Amendment Act 2018.

Parental Leave:
A parent is entitled to 10 days unpaid Parental Leave on the birth or adoption of their child from:

• the date of birth or
• the date of the adoption order, or the adopted child is placed in the care of     the parents pending the finalisation of the adoption.

Adoption Leave:
An adoptive parent of a child younger than 2 years is entitled to 10 weeks unpaid leave OR parental leave.  Both parents can not claim adoptive leave: one may take the 10 weeks Adoption Leave and the other 10 days Parental Leave.  The adoptive parents must decide which parent takes Adoption Leave, and which takes Parental Leave.

Leave starts when the adoption order is granted or the child is placed in the adoptive parents care pending the finalisation of the adoption order.  

Commissioning Parental Leave
This applies to a surrogate pregnancy.  In the same as adoptive leave, the Commissioning Parents are entitled to either 10 weeks unpaid leave or 10 days unpaid Parental Leave.  If there are two commissioning parents, the parents will decide which claims Commissioning Parent Leave, and which claims Parental Leave.

There is no provision for leave for the surrogate.

Unemployment Insurance Fund.
UIF takes care of payment during all three types of leave. UIF will pay 66% of the income to a ceiling.  The employer is not responsible for any payment in this period.

Family Responsibility Leave
The reference to time off for the birth of an employee’s child has been removed.  The three days paid Family Responsibility Leave still allows for the illness of an employee’s child and Compassionate Leave.

Mark - 13:02 @ common, Industrial Relations, Human Resources, B-BBEE | Add a comment

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