Dads and moms in line for 10 days 'parental leave'

Proposed changes to the Basic Conditions of Employment Act could see the introduction of “parental leave” which would allow a male or female parents 10 days’ leave on the birth or adoption of a child.

Currently‚ new fathers are not specifically provided with leave following the birth of their child.

If a new father wishes to take leave after the birth of his child‚ he has to apply for family responsibility leave as provided for in section 27 of the act.

Fiona Leppan‚ Craig Thomas and Reabetswe Mampane of law firm Cliffe Dekker Hofmeyr‚ said the parental leave proposal is contained in the Labour Laws Amendment Bill‚ a private members Bill.

They said the act currently provides for three days’ paid leave per annual leave cycle as family responsibility leave‚ adding that this leave was subject to several limitations.

“Firstly‚ the father must have worked for his employer for a period of at least four months‚ and must work for at least four days a week before he is entitled to such leave.

“If a father were to find himself in the unfortunate situation where he has already taken family responsibility leave (for whatever reason) in that leave cycle‚ he may very well have to apply for annual leave‚ if he has any available.”

They said the Labour Laws Amendment Bill also proposes the insertion of two other sections on leave.

The bill proposes the insertion of “adoption leave”. Currently‚ there is no provision for such leave in the Basic Conditions of Employment Act.

On granting of an adoption order‚ the proposed section would entitle an employee to either 10 weeks’ consecutive leave; alternatively‚ the parental leave.

Should two parents be granted an adoption order‚ one will be eligible for adoption leave‚ and the other for parental leave.

The determination of which parent claims which leave is left to the parents.

The bill also proposes “commissioning parental ;eave”.

They said a parent who is a commissioning parent in a surrogate motherhood agreement would also be entitled to ten weeks’ commissioning parental leave or parental leave.

If two people are the commissioning parents in the surrogate motherhood agreement‚ then the commissioning parents must elect which parent will take parental leave and which will get commissioning parental leave.

The bill says an employee need only inform the employer in writing of their intention to take any of the aforementioned leave‚ as well as the duration thereof‚ at least one month before the expected date of birth or adoption of the child.

If an employee takes leave under any of these subsections‚ the employee is entitled to benefits under the Unemployment Insurance Fund (UIF) scheme‚ subject to a determination by the Minister of Labour.

An employer is not liable to pay the employee during any such leave period. The employee will only receive benefits from the UIF.

“If the bill is accepted‚ then it would take important and necessary strides to accommodate the wide variety of family units that form part of our society‚” they said.

- TMG Digital