South Africa Passes Labour Laws Amendment Bill Altering Parental Leave Rules
South African National Assembly passes LLA Bill thereby amending the Basic Conditions of Employment Act 75 of 1997 (“BCEA”) and the Unemployment Insurance Act 63 of 2001 (“UIA”).
- (1888PressRelease) December 14, 2018 - The South African National Assembly has passed a Private Member’s Bill, entitled the Labour Laws Amendment Bill (LLA Bill), which will amend the Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Unemployment Insurance Act 63 of 2001 (UIA). It provides for parental leave, adoption leave and commissioning parental leave. The bill is now set for concurrence to the National Council of Provinces.
The bill states any employed new father is entitled to either one or two weeks' paternity leave. The amount does not alter for multiple births. Eligibility is based on employment - they must have a contract of employment and have been working for the same employer for 26 weeks by the end of the 15th week before the week the baby is due.
In addition to leave, the LLA Bill also allows the payment of parental benefits as well as commissioning parental benefits and enables a prospective adoptive parent to access the adoption leave and adoption benefits, all paid from the Unemployment Insurance Fund.
Dad and Partner Pay may be taken all at once at any time in the first year after birth or adoption. New mothers may be able to claim up to 18 weeks of paid parental leave, meaning a family might be able to get up to 20 weeks paid parental leave.
Amendments to the Basic Conditions of the Employment Act (BCEA) include:
• Definitions of adoptive parent, adoptive order and prospective adoptive parent. They are defined in accordance with their respective definitions in the Children’s Act 38 of 2005 (“CA”)
• A parent of a child is entitled to at least ten consecutive days’ parental leave. This may commence on the day of the birth of the child or (whichever is earlier):
o Date that the adoption order is granted
o Date 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
The payment of parental benefits will be determined by the Minister in accordance with the Unemployment Insurance Act (UIA)
• An employee, who is an adoptive parent of a child who is below the age of two, is entitled to adoption leave of at least ten weeks consecutively or the parental leave referred to above. The payment of adoption benefits will be determined by the Minister in accordance with the UIA
• An employee, who is a commissioning parent in a surrogate motherhood agreement is entitled to a commissioning parental leave of at least ten weeks consecutively or the parental leave referred to above. The definition of commissioning parent, as well as surrogate motherhood agreement has the meaning assigned to it in the Children’s Act 38 of 2005 (CA). The payment of commissioning parental benefits will be determined by the Minister in accordance with the UIA
• Collective agreement concluded in a bargaining council may alter, replace or exclude any basic condition of employment if the collective agreement is consistent with the purpose of the BCEA and the collective agreement does not reduce an employee’s entitlement to parental leave, adoption leave, and to commissioning parental leave
Stakeholders now need to ensure their businesses and supply chains are aware of the changes in South Africa and ensure compliance to conform with concepts of social responsibility.
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