President Cyril Ramaphosa has signed a proclamation, giving an effective date for the parental benefits in terms of the amendments to the Basic Conditions of Employment Act and the Unemployment Insurance Act.
Below is a summary of the new benefits for employees:
Parental Leave:
Who does this apply to: An employee who is the parent of the child
Entitlement: 10 consecutive days’ leave
Paid or unpaid: Unpaid. Benefits may be claimed from UIF.
Important Information:
Parental leave may commence when the child is born, an adoption order granted, or when the child is placed in the care of the prospective parent pending the finalisation of an adoption order. An employee is entitled to apply for parental leave after 13 weeks of consecutive employment. Notification must be provided to the employer at least 1 month before the intended leave, or as soon as reasonably possible.
Adoption leave:
Who does this apply to: An employee who is an adoptive parent for a child under the age of two.
Entitlement: 10 consecutive weeks of leave or parental leave (10 consecutive days’ leave).
Paid or unpaid: Unpaid. Benefits may be claimed from UIF.
Important Information:
Adoption leave may commence when an adoption order is granted or when a child is placed in the care of the prospective parent, pending the finalisation of an adoption order. Should the adoption order be made in the case of two adoptive parents, one parent may apply for adoption leave, and the other parent may apply for parental leave (upon selection of choice of the parents). Notification must be provided to the employer at least 1 month before the intended leave or as soon as reasonably possible.
Commissioning Parental Leave:
Who does this apply to: An employee who is a commissioning parent in a surrogate motherhood agreement.
Entitlement: 10 consecutive weeks of leave or parental leave (10 consecutive days’ leave).
Paid or unpaid: Unpaid. Benefits may be claimed from UIF.
Important Information:
Commissioning leave may commence on the date the child is born. An employee is entitled to apply for parental leave after 13 weeks of consecutive employment. Should a surrogate motherhood agreement be made in the case of two commissioning parents, one parent may apply for commissioning leave, and the other parent may apply for parental leave (upon selection of choice of the parents). Notification must be provided to the employer at least 1 month before the intended leave or as soon as reasonably possible.
UIF contributors will be able to claim for the new benefit from the fund, and payment of qualifying beneficiaries will be calculated at a rate of 66% of their earnings.
Employers should take note of these amendments and will need to update leave policies accordingly.
For professional assistance, kindly do not hesitate to contact Labour Direct.
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