22 Aug Know Your Rights: Parental Leave
Know Your Rights: Parental Leave
What the Law says:
Section 25A of The Basic Conditions of Employment Act No.75 of 1997, as amended in 2020 is part of the new amendment, and states:
Parental Leave
(1) An employee, who is a parent of a child, is entitled to at least ten consecutive days of parental leave.
(2) An employee may commence parental leave on—
(a) the day that the employee’s child is born; or
(b) the date—
(i) that the adoption order is granted; or
(ii) that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child, whichever date occurs first.
(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 parental leave; and
(b) return to work after parental leave.
(4) Notification in terms of subsection (3) must be given—
(a) at least one month before the—
(i) employee’s child is expected to be born; or
(ii) date referred to in subsection 2 (b); or
(b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.
(5) The payment of parental benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001)
(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.
Who Does this Chapter on Leave Apply To?
(1) This Chapter does not apply to an employee who works less than 24 hours a month for an employer.
(2) Unless an agreement provides otherwise, this Chapter does not apply to leave granted to an employee in excess of the employee’s entitlement under this Chapter.
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.
