Parental leave was effective from the 1st of January 2020

On the 1st of January 2020, Sections 1,2,3,4,5,6 and 7 of the Labour Laws Amendment Act 2018, (Act No.10 of 2018) (“the Act”) came into operation. It now means that employees are entitled to 10 days parental leave in terms of Section 25A of the Basic Conditions of Employment Act,1997 instead of the 3 days family responsibility leave. 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).

This amendment also makes provision for adoptive parents and prospective adoptive parents. The adoptive parents of a child below the age of two are also now entitled to 10 consecutive weeks of parental leave referred to in Section 25A of the Basic Conditions Of Employment Act,1977.

We strongly advice all employers to please review/amend their contracts of employment and the outdated policies in so far as it relates to the provisions of the Labour Laws Amendment Act. For any assistance please don’t hesitate to contact Duvenage Attorneys.