Legal updates and opinions
News / News
Update: adoption leave and commissioning parental leave: update to UNEMPLOYMENT INSURANCE ACT 63 OF 2001
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Michiel Heyns, Senior Associate
The President of the Republic of South Africa has issued a proclamation (“Proclamation”) bringing into operation provisions of two Acts relating to Adoption and Commissioning Parental leave.
The provisions that have come into operation amend the Unemployment Insurance 63 of 2001 (“UI Act”) with effect of 1 April 2020, specifically to UIF benefits for employees who make use of ‘adoption benefits’ and ‘commissioning parental benefits’. The provisions regarding ‘parental benefits’ have already come into effect on 1 November 2019.
With effect of 1 January 2020 the Basic Conditions of Employment Act 75 of 1997 (“BCEA”) was amended to provide for parental leave, adoptions leave and commissioning parental leave. A summary of the leave provisions can be found at here.
Importantly, there is no statutory entitlement (as per the amendments to the BCEA) to paid parental leave, adoption leave and / or commissioning parental leave. Rather, much like maternity leave, benefits can be obtained from the Unemployment Insurance Fund (“UIF”) (as per the UI Act). The purpose of the Proclamation, and amendment to the UI Act, was to bring into operation the last remaining provisions to allow employees to claim such benefits from the UIF.
Latest News
Can business rescue minimise the effects of COVID-19 on your business?
by Walid Brown, Director and Elzaan Haynes, Candidate Attorney Business Rescue is aimed at creating a culture of corporate rescue [...]
Exemption of managers of collective investment schemes from certain requirements relating to the administration of portfolios
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & [...]
Urgent update: directions regarding e-commerce sales during Alert Level 4 of the COVID-19 national state of disaster
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 14 May 2020 the [...]
Could accelerating the development and construction of renewable energy projects assist in rebuilding the economy?
by Nozipho Bhengu, Director and Tsebo Masia, Candidate Attorney 1.1 On 13 May 2020, the President of South Africa addressed [...]
Urgent update: directions issued regarding the sale of clothing, footwear and bedding during Alert Level 4
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 12 May 2020 the [...]
Urgent update: directions on micro and small business trading in permitted services
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney On 10 May 2020, the [...]
