How long parental leave

If there are two commissioning parents, they can choose: if the one takes commissioning parental leave, the other can take normal parental leave. The amendments do not make provision for any leave that may be taken by the surrogate mother. If, for some reason or other, it is not possible for the employee to give such notice, the employee must notify the employer as soon as is reasonably practicable.

All three of the new categories of leave above are unpaid, as is the case with maternity leave. However, employees that take this leave may claim benefits from the Unemployment Insurance Fund.

In order to qualify an employee has to have been employed for at least 13 weeks. The contribution ceiling remains at R14 So - for example - if a mother loses her job, she will still have access to all the other unemployment benefits that she has accrued. Foreign nationals and employees employed in terms of learnership agreements will be able to claim benefits.

Claims for parental benefits must be made within 12 months after the date of the birth of the child, adoption order, or court order that places the child in the care of a prospective adoptive parent. This means that with effect from 1 January , employees who become parents will now be entitled to take parental leave, commissioning parental leave or adoption leave, as applicable.

The employer is not required to pay the employee during these forms of leave, but the employee may qualify for benefits under the Unemployment Insurance Act 63 of , as is the case with maternity leave. In terms of the amendments, employees are no longer entitled to take paid family responsibility leave in the event of the birth of their children, as this is now covered by parental leave.

Notably, the provisions which will allow employees to claim commissioning parental benefits in respect of a period of unpaid or partially paid commissioning parental leave are not yet in force.

It would therefore appear that, at this stage, employees taking parental leave or adoption leave will be entitled to claim benefits subject to meeting prescribed requirements , but that commissioning parents in a surrogate motherhood agreement will not yet be able to claim benefits from the Unemployment Insurance Fund. Find Practitioner Service Office. Find a Practitioner. Find a Service. Locate an Office. Home Insights Opinion and Analysis New parental leave entitlements in effect.

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Leave can commence on the day that the adoption order is granted. The notice requirements are similar to that of parental leave.

Finally, the third category is commissioning parental leave that relates to surrogate motherhood. The commissioning parent who will primarily be responsible for looking after the child primary commissioning parent will be entitled to commissioning parental leave. If there are two commissioning parents, they can choose: if the one takes commissioning parental leave, the other can take normal parental leave.