Family Responsibilities
Paternity Leave
In line with a 2018 amendment in BCEA, employees are entitled to a 10-day paid paternity leave on the birth of a child (paid through the Unemployment Insurance Fund). An adoptive parent is also entitled to a paternity leave of 10 days from the date the adoption order is granted or that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child, whichever date occurs first.
A worker is required to notify the employer in writing, unless the employee is unable to do so, of the date on which the employee plans to start parental leave; and return to work after parental leave. Such notification must be given at least one month before the employee’s child is expected to be born; or the adoption date (or the adoption order date) or if it is not reasonably practicable to do so, as soon as is reasonably practicable.
The paternity benefit must be paid at a rate of 66% of the earnings of the beneficiary at the date of application, subject to the maximum income threshold set in the Unemployment Insurance Act.
Source: §25Aof the Basic Conditions of Employment Act, 1997 (last amended in 2020); §12 of the Unemployment Insurance Act 2001 (last amended in 2020)
Parental Leave
No provisions could be located in the law supporting parental leave for new parents after exhaustion of maternity leave.
Flexible Work Option for Parents / Work-Life Balance
In accordance with the BCEA, employees who have worked for over four months or work for at least four days a week are entitled to three days of paid leave per annual cycle for a sick child or the death of a close family member. Employers must pay the usual wage on the regular payday and may request reasonable proof. Leave can be taken as a full or partial day, but does not carry over to the next cycle. A collective agreement may adjust the number of days and conditions for leave.
Source: §27 of the Basic Conditions of Employment Act, 1997 (last amended in 2020)
Special Leaves:
In accordance with the BCEA, employees who have worked for over four months or work for at least four days a week are entitled to three days of paid leave per annual cycle for a sick child or the death of a close family member.
The Labour Relations Act grants an employee who is a trade union office-bearer the right to reasonable leave during work hours to perform union duties.
Source: §25B, C & 27 of the Basic Conditions of Employment Act, 1997 (last amended in 2020); §15 of the Labour Relations Act No. 66 of 1995 (last amended in 2018)
Regulations on Family Responsibilities
- Basic Conditions of Employment Act, 1997 (amended in 2002 & 2013)
- Unemployment Insurance Act, 2001
