Paternity Leave South Africa Policy

In January 2020, under the Labor Laws Amendment Act 201, the Labor Department announced parental leave for employees on the birth of a child, replacing the three days of family leave. Section 27 of the Basic Conditions of Employment Act still remains intact regarding the death of close ones and child sickness.

Here is all you need to know about paternity leave in South Africa, its conditions, and worth.

Conditions for Parental Leave

Here are some basic conditions you must follow in consideration with the parental or paternity leave.

• The parental leave is applicable upon the birth of the employee’s child.
• After the employee’s child is born.
• After the adoption order has been granted to the employee by a court.
• After the child has been placed under the care of a prospective adoptive parent by a social worker or court.

Section 25 B of the Amendment Act deals with the cases where the parents have or are expected to adopt a child. Hence, the basic criteria you must fulfill to apply for adoptive paternity leave are as follows.

• This adoption leave is applicable in circumstances when the employee legally adopts a child or when a child is placed under the care of a prospective adoptive parent by the court.
• According to the Children’s Act 2005, the prospective parent means a person who is fit and willing to take parental responsibilities, is older than 18 years of age, and has been assessed by an adoption social worker. In comparison, an adoptive parent is a person who has already adopted a child by law.
• Both male and female employees qualify for paternity leave under the above-mentioned circumstances.
• An employee who has given birth is not eligible for paternity leave. Rather, they are entitled to four months of unpaid maternity leave.

Do Fathers Get Paid for Paternity Leave in South Africa?

As suggested by the Amendment Act, paternity leave is applicable to anyone who is an adoptive parent or a prospective adoptive parent. According to the Children’s Act 2005, these parents can be female or male. Therefore, by definition, this leave is applicable to both male and female employees, depending on the circumstances.

How Long is Paternity Leave in South Africa?

Generally, the employee is entitled to 10 days of parental leave when their child is born or when they legally adopt a child. Please note that these leave days are not necessarily given at the expense of ten working days, and may include holidays.

Plus, these leave days will be unpaid, though the employees can exercise the right of Unemployment Insurance Fund UIF contributions depending on the income threshold. For this, the employer requires the employee to submit claims of UIF to qualify for payments.

Typically, the employees under UIF are entitled to 33 – 66% of their earnings. You may not get paid from the UIF for parental, adoption, or commission paternity leave if you were not employed or contributing to the fund for 13 weeks, prior to receiving these benefits.

How Long is the Adoptive Parental Leave in South Africa?

Section 25 B of the Labor Amendment Act deals with adoption leave in South Africa. Under the category of parental leave, adoptive paternity leave implies that one parent can get 10 weeks of consecutive unpaid leave. However, if the adoption order by the court was made in respect of the two adoptive parents only one may apply for the adoption leave and the other for parental leave.

• Please note that the choice may be exercised at the option of adoptive parents.

Do Female Employees Qualify for the Adoption Leave?

Yes, female employees may qualify for paternity leave in cases where they are an adoptive or a prospective adoptive parent. In this condition, the age of the child should be less than two years. Moreover, if the female employee gives birth to a child, they are no longer eligible for paternity leave, instead, they have the right to four months of unpaid maternity leave.

Do Surrogate Parents Receive Parental Leave?

Section 25 C of the Labor Amendment Act deals with the commissioning of parents in a surrogate motherhood agreement. Under this section, employees who enter into a surrogacy arrangement with a surrogate mother are also entitled to ten weeks of consecutive leave, following the birth of the child. Though there are two surrogate parents, only one will receive the benefits, which is mostly the mother.

Other Things to Consider

• Please note that the employee must provide proof of the child’s birth (a birth certificate with the father’s name and surname) to receive the Unemployment Insurance Funds.
• The employee must notify his/ her employer in writing that such leave is to commence and the date when the employee will return to work. This notice will be given a month before the child is expected to be born, the date of the adoption is granted, the child is placed in the care of the prospective parent, or the birth of the child in the surrogacy arrangement.

FAQs

In conclusion, following the amendments in labor laws in 2020, the Labor Department announced ten days of unpaid paternity leave for prospective parents. The best part about the notice was that it included adoptive, prospective adoptive, and surrogate parents. I hope this guide was helpful for employees wondering if they are eligible for paternity leave.