31 Aug Know Your Rights: What does the Law Say About Surrogate Mothers?
Know Your Rights:
What Does the Law Say About Surrogate Mothers?
What the Law says:
Section 25C of The Basic Conditions of Employment Act No.75 of 1997, as amended in 2020 is part of the new amendment, and states:
Commissioning Parental Leave
(1) An employee, who is a commissioning parent in a surrogate motherhood agreement is, subject to subsection (6), entitled to—
(a) commissioning parental leave of at least ten weeks consecutively; or
(b) the parental leave referred to in section 25A
(2) An employee may commence commissioning parental leave on the date a child is born as a result of a surrogate motherhood agreement.
(3) 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 commissioning parental leave; and
(b) return to work after commissioning parental leave.
(4) Notification in terms of subsection (3) must be given—
(a) at least one month before a child is expected to be born as a result of a surrogate motherhood agreement; or
(b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.
(5) The payment of commissioning parental benefits will be determined by the Minister subject to the provisions of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001).
(6) 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: Provided that the selection of choice must be exercised at the option of the two commissioning parents.
(You can download a full copy of the Act Basic Conditions of Employment Act No here)
What the CCMA Says:
The CCMA also has a very useful Information sheet that breaks down all the relevant legislation, how to register for benefits, and other rights.
Download a copy of the Maternity and other Parental Leave and Benefits Info Sheet 2022-01 by clicking on the link as well as Overview of the Post 2018 Amendments to the BCEA Info Sheet 2022-02 for a brief overview of these new amendments.
Who Does this Chapter on Leave Apply To?
“commissioning parent” has the meaning assigned to it in section 1 of the Children’s Act, 2005 (Act No. 38 of 2005); and
“surrogate motherhood agreement” has the meaning assigned to it in section 1 of the Children’s Act, 2005 (Act No. 38 of 2005).
More Resources on This Topic that May Interest You:
Protection of employees before and after birth of a child
Disclaimer: RESOURCE recruitment is not a Labour Consultancy and is not giving Labour Advice. The above information is freely available on the Department of Labour and CCMA website, and any legal advice should be sought from a legal professional.
