With effect from 01 January 2020 there has been a change in Family Responsibility Leave. Parental leave was added to the categories of leave applicable to South African employees.
Family Responsibility 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. The provision “ When your child is born” is deleted and the section now reads:
Family Responsibility Leave (Section 27 of the BCEA)
- Employees employed for longer than four months and for at least four days a week are entitled to take three days paid family responsibility leave during each leave cycle.
- This can happen under certain circumstances:
- When the employee’s child is sick
- In the event of the death of the employee’s spouse or life partner or parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.
- Employers may require reasonable proof of the birth, illness or death for which a worker requests leave.
- The provisions for family responsibility leave do not apply to workers who work less than four months for their employer, four days a week for one employer or 24 hours a month.
- Family responsibility leave expires at the end of the annual cycle.
Parental Leave (Sections 25A, 25B and 25C of the BCEA)
All parents – including fathers, adopting parents, and surrogates – are entitled to 10 days unpaid parental leave when their children are born.
This new legislation does not apply to mothers who give birth as they are already entitled to maternity leave in terms of the Basic Conditions of Employment Act (BCEA).
Parents are entitled to take the leave once a calendar year and they must apply for it from their employer.
Through these amendments, UIF contributors will also have the right to claim for parental leave. The UIF will pay those workers 66% of their salary up to the BCEA (Basic Conditions of Employment Act) earnings cap of R205,433.30 per annum.
It is important for HR professionals to be aware of this and make the necessary changes in their HR manuals and policies.