South Africa’s new parental leave laws came into effect on 1 January 2020 and have been welcomed with open arms. The current provisions of the BCEA regarding four months’ maternity leave remain unchanged (but with increased financial benefit – see below). Employers who defy the law will be breaking both the Unemployment Insurance and Basic Conditions of Employment Acts. It is up to the adoptive parents to decide who takes adoption leave and who takes normal parental leave. For example, if the child is born on a Tuesday, the father may take leave from that Tuesday until the following Thursday. 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. Maternity leave should commence one month before the expected date of birth of the child, and the employee is obliged to give the employer one month’s notice of the commencement of maternity leave. labour law parental leave Dec 31, 2019. Claims for parental benefits must be made within 12 months after the date of the birth of the child, adoption order, or court order that places the child in the care of a prospective adoptive parent. The maternity leave may also be taken earlier if the woman's medical condition does not allow her to work. Leave may be paid or unpaid. - All rights reserved, T: 010 900 4743 America's parents want affordable day care, maternity leave. Here is what you need to know about the different categories of parental leave: An employee who is a parent of a child will be entitled to 10 consecutive days’ parental leave. As a basic right, maternity leave in South Africa is a benefit enjoyed by all working expecting women. By law your employer is not obliged to give you paid maternity leave, but you are entitled to four consecutive months of maternity leave. Disclaimer: The material above is provided for general information purposes only and does not constitute legal or professional advice. If the actual date of confinement is on or after 11 December 2020, then the employee will be entitled to 14 weeks of maternity leave and additional maternity leave pay (where eligible), even if the notice of pregnancy is given … 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. Image sources: [1], [2]. The BCEA has been amended to introduce provisions relating to parental leave, adoption leave and commissioning parental leave, effective 1 January 2020. Under the Basic Condition of Employment Act (BCEA), employees who wish to access the revised parental leave benefits of 10 days per annum are now able to do so with full rights. The introduction of parental leave effectively replaces the three days’ paid paternity leave previously provided for in the BCEA. This means that you are entitled to take the full four months leave if required. At that time, the law was still to come into force on a date to be fixed … National Debt Advisors was recently voted the number one debt counselling company in South Africa. Under the Basic Condition of Employment Act (BCEA), employees who wish to access the revised parental leave benefits of 10 days per annum are now able to do so with full rights. Here's what 2020 candidates say Jordan Culver and Max Cohen, USA TODAY 12/17/2019. Maternity Leave . Only you can decide if you want to shorten your maternity leave to less than four months, as long as it is not less than six weeks from the delivery date. in the case of adoption, the date on which adoption order is granted or the day that a competent court places the child in the care of a prospective adoptive parent. 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. by Quintin Coetzee. 2. However, employees that take this leave may claim benefits from the Unemployment Insurance Fund. Employment Type: Temporary (cover 4 months’ maternity leave). Africa An unnamed teacher (25) from Makabelane Technical School in South Africa, nearly gave birth in the female toilet on 26 November 2020. 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. SOUTH AFRICA – An unnamed teacher, 25, nearly gave birth in the female toilet on 26 November 2020. 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. 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). [UPDATE: In terms of GGR 42925 of 23 December 2019, all categories of parental leave are in operation from 1 January 2020, by way of an amendment to section 25 of the BCEA.] Callout Box. 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. From 1 January 2020, all parents will now be entitled to 10 days paid parental leave when their children are born. Maternity Leave Pay. Workers may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons. From 1 January 2020, fathers of newborns can look forward to spending a bit more time with their babies. President Cyril Ramaphosa officially signed the Labour Laws Amendment Bill into law late last year (2018).. No provision for adoptive parents or commissioning parents . These revised benefits, published on 23 December 2019 in Gazette 42925, came into effect on 1 January 2020. Staff Writer 8 January 2020 The Labour Laws Amendment Act (LLLA) has been signed into law by president Cyril Ramaphosa, introducing a number of … 0:30. MEN’S PATERNITY LEVAE – UPDATED 01/2020. All three of the new categories of leave above are unpaid, as is the case with maternity leave. 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. Labourwise (Pty) Ltd © This means that employers are obliged to grant employees leave in terms of these provisions as from 1 January 2020. The amendments include paying for maternity benefits at 66% of the employee’s rate of payment. Under the BCEA, employees will be able to access parental leave of up to 10 days each year. It clarifies the confusion that arose when employees were allowed to claim parental leave of up to 10 days under the Unemployment Insurance Act (UIA) from 1 November 2019, but since there was no corresponding amendment to the BCEA, employers were not under a legal obligation to provide the 10 days of parental leave under the BCEA – only the statutory three days. The employee is entitled to 4 months unpaid maternity leave. 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. Dads now get 10 days parental leave in South Africa. According to the Daily Sun, the principal denied the teacher the opportunity to go on maternity leave, even though the doctor confirmed that it is her time. F: 086 510 6417 Indeed, giving birth is an exciting and happy period in any woman's life. The maternity leave may begin at anytime from at least four weeks before the birth of the baby. Our company maternity leave policyoutlines the company’s provisions for women employees who are expecting a child and/or require time to care and bond with their newborn. For employees whose actual date of confinement is before 11 December 2020, their maternity leave entitlement will follow the current entitlement of 10 weeks. Callout Two. Payment of parental benefits, adoption benefits, commissioning parental benefits and maternity benefits, do not reduce an employee’s claim to the payments of other unemployment benefits. This means that employers are obliged to grant employees leave in terms of these provisions as from 1 January 2020. The worker may commence maternity leave four weeks prior to the expected date of confinement or earlier if a medical practitioner certifies that it is necessary for the health of worker or her child. Callout One. Africa; Americas. The paternity leave was originally signed into law by President Cyril Ramaphosa in November 2018. “This is a historic and long-fought for victory for workers, parents, children and families across South Africa,” reads Cosatu’s statement. Employers are not obliged to remunerate employees for maternity leave, and the employee must claim maternity benefits through … The third category of leave is the so-called commissioning parental leave that relates to surrogate motherhood. Foreign nationals and employees employed in terms of learnership agreements will be able to claim benefits. Click here for more information. WATCH: FIFA approves maternity leave for women players By Reuters Dec 5, 2020 ZURICH - Professional women footballers are to be guaranteed maternity leave under new rules approved by … Contact Form, PARENTAL LEAVE - EMPLOYEE RIGHTS AS FROM 1 JANUARY 2020, http://www.labour.gov.za/parental-leave-forms, RETRENCHMENT PAYOUTS IN THE COVID-19 CONTEXT [Abbreviated version], RETRENCHMENT PAYOUTS IN THE COVID-19 CONTEXT [Full article version], the expected date of birth, as well as when the leave is due to commence and when the employee will return to work; or. In both cases leave can commence on the date of the birth of the child. for mothers who give birth (maternity leave), a person who adopts a child (adoption leave) or a commissioning parent in a surrogate motherhood agreement (commissioning parental leave) – see below. The employee must give at least one month’s written notice of –. In most instances, the period within which to claim benefits has been extended from six months to 12 months. Parental leave may commence on the day that the child is born. Another example of the more beneficial provisions is that illness benefits can be claimed for an illness of more than seven days, previously 14 days. Neither the author nor the publisher accepts responsibility for any loss or damage that may arise from reliance on information contained in this article. Although many of our articles and other useful information are for free, we offer a professional subscription service for the business owner, HR specialist and manager at a minimal monthly cost. However, the other adoptive parent would be entitled to 10 consecutive days’ normal parental leave (see above). The Labour Laws Amendment Act 10 of 2018 (LLA Act), which introduces new forms of leave for parents in South Africa (in addition to the existing maternity leave entitlement), was signed into law by the President on 23 November 2018. These laws regulate maternity leave and protect women against discrimination related to pregnancy. This means that employers are obliged to grant employees leave in terms of these provisions as from 1 January 2020. 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. 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. Employee rights under the BCEA. Although the Department of Labour has been processing claims for certain parental benefits as from 1 November 2019 in terms of the Unemployment Insurance Act (UIA), it was not a legal right in terms of the Basic Conditions of Employment Act . This has now changed. The atmosphere is usually full of excitement and joy as everyone around the new mother expects the bundle of joy. If there are two commissioning parents, they can choose: if the one takes commissioning parental leave, the other can take normal parental leave. These revised benefits, published on 23 December 2019 in Gazette 42925, came into effect on 1 January 2020. Callout Three. Unemployment, illness adoption and dependent benefits can also be claimed for up to a full year at the proportions stipulated rather than for the previous 238 days. NEW PARENTAL LEAVE ENTITLEMENTS IN EFFECT. Commentdocument.getElementById("comment").setAttribute( "id", "a89d4f9bff9a178868424def5608a827" );document.getElementById("cff85cafdf").setAttribute( "id", "comment" ); Labourwise is an online advisory service for employers in South Africa. Scheduling Maternity Leave You should inform your Manager and HR Source EMEA of your pregnancy as soon as reasonably possible or minimum 4 weeks prior commencing your leave , so that proper arrangements can be made prior to your leave period. The new legislation means that all parents, including fathers, adopting parents and surrogates are entitled to 10 days unpaid leave when their children are born. 30/11/2020 30/11/2020 JustNews Leave a Comment on Principal refused to approve teacher’s maternity leave Tebogo Msimanga | The Education Union of South Africa (EUSA) calls for the immediate suspension of the principal of Makabele technical high school in Free State. The benefits payable will be 66% of their earnings, subject to the maximum income threshold - for benefit claims it is currently R17 712.00 per month. However, the law came into effect on … Before 2020 . These new categories of leave have been introduced during 2019, to make provision for longer paternity leave, but also specifically for parents in non-traditional relationships; or who may be … For the duration of your Maternity Leave you will be paid your usual base salary inclusive of any statutory maternity allowance which you may be entitled to. document.write(new Date().getFullYear()); In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter6 January 20201 Comment. Reliable sources at the school told Daily Sun that the principal denied the teacher the opportunity to go on maternity leave, even though the doctor confirmed that it is her time. Essentially, the new Act states that any employee who wasn’t entitled to maternity leave will now be permitted to take 10 days’ parental leave, which will be paid out of the Unemployment Insurance Fund (UIF). There is little doubt that these amendments will provide more considerable assistance to employees and the growing number of unemployed. (The family responsibility benefits associated with the illness of a child or the death of a close family member remain unchanged.). The 10 consecutive days parental leave are calendar days, not working days. A single adoptive parent is entitled to 10 consecutive weeks’ adoption leave. Forms can be obtained at the following link http://www.labour.gov.za/parental-leave-forms. If there are two adoptive parents, only one would be entitled to 10 consecutive weeks’ adoption leave. In order to qualify an employee has to have been employed for at least 13 weeks. By André Claassen. Parental Leave - South Africa This applies irrespective of the gender, which means it would include parents in same sex relationships. We are also aware that pregnancy or caring for an infant or a newly adopted child may cause difficulties for them in relation with their job duties. 7 days ago They — along with mothers of children born through surrogacy — will be given 10 days of paid paternity leave. We are, therefore, prepared to support pregnant employees and allow new mothers enough time to recover from childbirt… www.labourwise.co.za In accordance with the South African labour law, moms are entitled to four months unpaid maternity leave. By Chloë Loubser Wednesday, January 15, 2020. Parents should take note of the comparative benefits, i.e. Employees are legally entitled to parental leave, adoption leave and commissioning parental leave as from 1 January 2020. The second category relates to the adoption of a child that is below the age of two. The one who takes commissioning parental leave will be entitled to 10 consecutive weeks’ commissioning parental leave. According to the government of South Africa as an employed female contributor to the Unemployment Insurance Fund (UIF), you can apply for maternity benefits when you go on maternity leave. The commissioning parent who will primarily be responsible for looking after the child (primary commissioning parent) will be entitled to commissioning parental leave. Employers need to amend their human resources policies and procedures in respect of parental, adoption and commissioning parental leave as soon as possible. In cases of legally recognized adoption of children under two years of age and commissioning parental leave agreements, one of the partners will be able to access up to 10 weeks’ adoption or commissioning parental leave. Four months’ maternity leave. What the Employer Must Know About Maternity Leave. For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240. 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 amendments do not make provision for any leave that may be taken by the surrogate mother. US Presidential Elections 2020 ... it is mentioned that I am entitled to maternity leave for two weeks with one month’s basic salary only because my … At its current state, the BCEA offers four months of maternity leave, paid for by the UIF. in South Africa /. Female workers are entitled to at least four consecutive months of maternity leave (17.32 weeks). To qualify for the benefits, you must be receiving less than your normal wages while you are on maternity leave. Essential information required to start the process of relocation, https://www.relocationafrica.com/wp-content/uploads/2019/09/1.jpg, https://www.relocationafrica.com/wp-content/uploads/2020/09/relocationafricagroup.jpg, South African Parental Leave Benefits Amended. (The contribution ceiling remains at R14 872.00). Workers may not go back to work within 6 weeks after the birth unless their doctor or midwife say it is safe. The additional 4 weeks' maternity leave pay ("MLP") is calculated at the rate of four-fifths of the employee's daily average wages even in respect of the additional 4-week period capped at HK$80,000 per employee. E: info@labourwise.co.za The company endorses the right of its employees to become parents. Your employer may appoint a temporary employee to perform your duties while you’re on maternity leave. Sources: [1], [2]. If, for some reason or other, it is not possible for the employee to give such notice, the employee must notify the employer as soon as is reasonably practicable. The Basic Conditions of Employment Act: The Code of Good Practice on the Protection of Employees During Pregnancy and After the Birth of a Child was drawn up to protect women who work during pregnancy and return to work while they are still nursing. However, employers will have to pay greater attention to their workforce planning requirements as they may well experience higher levels of absenteeism across the parental, adoption and commissioning parental scenarios. The other parent would be entitled to 10 consecutive days’ normal parental leave. Staff Writer 2 January 2020 South Africa’s new parental leave laws have been signed into law by president Cyril Ramaphosa – taking effect from 1 … So - for example - if a mother loses her job, she will still have access to all the other unemployment benefits that she has accrued. 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