Skip to main content

New paternity leave rights for South African fathers take a step closer

| Legislation

Following its introduction as a private members bill by the ACDP, the Select Committee on Economic and Business Development has adopted the Labour Laws Amendment Bill and issued it for public comment.

Among other changes, the bill proposes parental, adoption and commissioning parental leave to employees, and provide that a collective agreement may not reduce an employee’s entitlement to parental, adoption or commissioning parental leave.

Effectively this means that new fathers would be entitled to 10 days consecutive leave after their spouse has given birth, while adopting parents (who were previously not specifically catered for), will be eligible for 10 weeks leave.

Under the proposed bill, the employee may commence parental leave on:

  • The day that the employee’s child is born; or
  • The date that the adoption order is granted or placed in the care of a prospective adoptive parent.

In addition, an employee must notify an employer in writing of the date on which the employee intends to commence parental leave, when they plan to and return to work after parental leave. at least one month before the employee’s child is expected to be born – or when reasonably practicable.

“The ACDP is of the opinion that such a provision would facilitate early bonding between fathers and their children and that stronger and healthier families would be one of the many potential benefits for society as a whole,” it explained in an explanatory note.

“The bill, which deals with parental leave and also provides for adoption and surrogacy leave, is drafted so as to ensure harmony with current legislation and to ensure the provisions contained in the bill will pass constitutional muster.”

You can find the entire bill here and details on how to comment here.

 


Related Articles

SARS wants to change VAT collection in South Af...

The South African Revenue Service (SARS) has published a discussion paper on ways to modernise the VAT collection process.

Pick n Pay: Retailer must compensate Springbok ...

by Ahmed Areff – News24 Pick n Pay has been found liable by the Western Cape High Court for damages claimed by Maria Williams, wife of the late Springbok winger Chester Williams, who was injured after slipping and falling at one of its supermarkets.

Massive shake-up for shopping malls in South Af...

Over 2,000 shopping malls and retail centres in South Africa are in for a major shake-up as retail group Spar joins Pick n Pay and Shoprite in bringing an end to long-term exclusive lease agreements.

New rules for sharing content on WhatsApp, Face...

The Film and Publications Board (FPB) has published three new documents that serve as industry codes and guidelines on how to handle “harmful content” on various online platforms and peer-to-peer networks in South Africa.

New laws for businesses in South Africa – takin...

The Department of Trade and Industry and Competition has gazetted its intention to submit the Companies First and Second Amendment Bills to parliament in August 2023.