In future, new mothers and fathers could be liable for 10 days ‘parental leave’ on the birth or adoption of a child.
According to the Sunday Times, proposed changes to the Basic Conditions of Employment Act could see this as a new condition of employment.
Currently‚ new fathers who wish to take leave after the birth of his child have no specific leave allocated to them and has to apply for family responsibility leave.
In a Sunday Times interview with Fiona Leppan‚ Craig Thomas and Reabetswe Mampane from law firm Cliffe Dekker Hofmeyr‚ they said the parental leave proposal is contained in the Labour Laws Amendment Bill‚ a private members Bill.
They said at this time the act provides three days’ paid leave per annual leave cycle as family responsibility leave‚ but this leave is subject to several limitations.The father needs to have worked for the employer for at least four months and must work a minimum of four days a week to take family responsibility leave. Once this leave is taken in a leave cycle, the father may have to take annual leave.
The firm members explained the Labour Laws Amendment Bill also proposes the insertion of two other sections on leave, namely ‘adoption leave’ and ‘commissioning parental leave’.
The proposed section on adoption leave would entitle an employee to either 10 weeks’ consecutive leave, or alternatively‚ parental leave; when the adoption is granted. Should two parents be granted an adoption order‚ one will be eligible for adoption leave‚ and the other for parental leave.
Additionally, 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.
The bill says an employee needs to inform their employer in writing of their intention to take any of the above-mentioned leave and the duration of the leave at least one month before the expected date of birth or adoption of the child.
