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
Allegations of Ethnic Discrimination Require Evidence: the Sagan Principle
and Isabella Keeves - Candidate Attorney In 1979 science communicator and physicist Carl Sagan wrote in his book Broca's Brain [...]
The Clock Is Ticking: Labour Disputes and the Perils of Miscalculating Timeframes
The recent Labour Court decision in Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (PR174/2023) provides a sobering [...]
FICA: Proposed changes to Public Compliance Communication 50 and Directive 3 previously issued by the Financial Intelligence Centre
by Sandiso Dhlomo, Associate and Nhlonipho Mthembu, Candidate Attorney reviewed by Tracy Lee Janse van Rensburg On 14 March 2025, [...]
Proposed R100 Billion Transformation Fund Will Have Significant Implications For Broad-Based Black Economic Empowerment (“Bbbee”) Regulation In South Africa
On 19 March 2025, the Department of Trade, Industry and Competition ("DTIC") issued a draft Transformation Fund Concept Document for [...]
Sorry Not Sorry
and Mike Searle, Candidate Attorney In the recent Labour Court decision of Standard Bank Insurance Brokers (Pty) Ltd v Dlamini [...]
Discrimination – it’s not unfair when its fair
In a notable judgment delivered on 6 November 2024, the Labour Appeal Court (LAC) in Passenger Rail Agency of South [...]