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
Pro Bono Articles
Five tips to optimise your first consultation with an attorney READ Coercive and Controlling Behaviour in the Domestic Violence [...]
Budget Speech 2024/2025: Tax Overview
By: The Werksmans Tax Team Download PDF INTRODUCTION Minister of Finance Enoch Godongwana was scheduled to deliver his fourth Budget [...]
Chambers Global Rankings – 2024 Edition
Congratulations to all our ranked lawyers for maintaining the Firms' excellence in the global legal fraternity. Ranked across 19 practices [...]
COMESA’s first ever fine for Anti-Competitive Business Practices
By Nkonzo Hlatshwayo Director, Phuti Mashalane Director and Chiara Ferri, Candidate Attorney The COMESA Competition Commission ("CCC") is clamping down [...]
Employment Equity Act: Draft Regulations on Proposed Sectoral Numerical Targets
and Hanán Jeppie, Candidate Attorney On 1 February 2024, the Minister of Employment and Labour, Thembelani Waltermade Nxesi, ("Minister”) published, [...]
Take note and prepare to comment – Proposed Amendments to the COMESA Competition Regulations
and Chiara Ferri, Candidate Attorney On 24 January 2024, the COMESA Competition Commission ("CCC") published its Draft COMESA Competition and [...]