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
Employer may fairly dismiss employees for refusing to accept operational changes in the context of restructuring
Refusing to accept operational changes in the context of restructuring Explanatory Note Generally, the dismissal of employees to coerce them [...]
Update: Prevention and Elimination of Harassment in the Workplace
The Harassment Code by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Danelle Plaatjies, Candidate Attorney Introduction On [...]
Quotas for employment of foreign nationals – Rationing the work
Quotas for employment of foreign nationals by Peter Mosebo, Director and Lisa Appelgryn, Senior Associate 1. The Minister of [...]
Mandatory vaccinations after the state of emergency is lifted
Consolidated Direction on Occupational Health and Safety measures As has been recently published, the national state of disaster has been [...]
Continuously raising grievances in the workplace held to be a fair ground for dismissal
Raising grievances in the workplace The issue was whether the dismissal of an employee who continuously raised grievances was substantively [...]
