Employment Act changes
Adoption orders, parental leave affected
AS WE enter our full-blown working year, it is important to note that the Basic Conditions of Employment Act has been amended with regard to parental, adoption and commissioning parent leave.
The Presidency will imminently gazette its implementation, and it’s in our interest to understand the changes. The amendments specifically look at adoption orders, which are defined by the Children’s Court Act, and the prospective adoptive parents.
Furthermore, parental leave will allow a parent of a child 10 consecutive days’ parental leave.
The employee may commence parental leave on the day that the employee’s child is born or on the date that the adoption order is granted. If the child is placed in the care of a prospective adoptive parent by a competent court pending the finalisation of an adoptive order in respect of that child, then the employee may apply for the parental leave.
The employee must notify the employer in writing, unless the employee is unable to do so, of the date on which the employee intends to commence the parental leave and to return to work after parental leave.
The notification must be given at least one month before the employee’s child is expected to be born, or the date referred to when the adoption order is granted. The minister will determine the parental leave payment benefits in terms of the Unemployment Insurance Fund (UIF).
An employee who is an adoptive parent of a child who is below the age of 2 is entitled to adoption leave of at least 10 weeks consecutively, or the parental leave as referred to above.
The employee may commence adoption leave on the date that the adoption order is granted or on the date that the child is placed in the care of the prospective adoptive parent by a competent court. A new phrase has been introduced, and that is commissioning parent.
An employee who is a commissioning parent in a surrogate motherhood agreement is entitled to at least 10 weeks’ consecutive leave, or parental leave as referred to above.
The employee may commence commissioning parental leave on the date the child is born as a result of a surrogate motherhood agreement.
Once again, the employee must notify the employer in writing of the date on which the employee intends to commence commissioning parental leave and when the employee intends to return after commissioning parental leave.
Notification to the employer should be sent at least one month before a child is expected to be born as a result of a surrogate motherhood agreement. The term “commissioning parent” has the meaning assigned to it in terms of the Children’s Act.
The employer need not worry about remuneration, as all the remuneration in terms of the UIF will be covered by the Unemployment Insurance Fund. The UIF Act will be amended to make provisions for the payment of employees when they take leave in terms of the new changes.
Maternity leave remains intact, but there will be certain increased benefits for new mothers. The new mothers will receive 66% of their earnings subject to the maximum in terms of the legislation.
It is also good to note that a mother who loses her employment will still have access to all the other benefits in terms of the UIF. Interestingly, foreign nationals will now have a claim as long as they are legally working, and learnership agreements will be recognised.