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
Have Cross-Border Payments for Royalties and Fees Become Less Stringently Controlled?
by Khanyisa Tshoba, Associate and reviewed by Deon Griessel, Director Towards the end of 2024, the Financial Surveillance Department of [...]
CCTV Footage: What the Information Regulator’s Draft Code Means for Surveillance Governance
by Ahmore Burger-Smidt, Director and Head of Regulatory We are rapidly entering the age of no privacy, where everyone is [...]
Section 7C: Sars’s Draft Interpretation Note Signals Assertive Approach to Wealth Transfers
by Ernest Mazansky, Director: Werksmans Tax (Pty) Ltd and Amy Murphy, Candidate Attorney On 26 November 2025, SARS published a [...]
Supreme Court of Appeal Ruling on Foreign Trustee Recognition and Cross-Border Surplus Distribution
by Brendan Olivier, Director In a recent decision, Scheer v Wagner NO and Others, the Supreme Court of Appeal considered [...]
South Africa’s Digital Markets Regime Has Arrived and it Lives Inside Competition Law
by Ahmore Burger-Smidt, Director and Head of Regulatory The debate about whether South Africa should regulate digital platforms is over. [...]
When Fuel Costs Become the Inflection Point
by Eric Levenstein, Director and Head Insolvency & Business Rescue and Amy Mackechnie, Senior Associate Rising fuel prices are once [...]
