Family Responsibility Leave

 Family Responsibility Leave can be taken on request when the:

• employee's child is born (Parental Leave now covers the birth or adoption of a child) or sick,
• or in the event of the death of the employee's spouse or life partner, or the employee's parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. 

Employees are entitled to 3 days of Family Responsibility Leave per year, as long as:

• The employee is a full-time or permanent employee.
• The employee works more than four days per week.
• The employee has worked for the company for at least four months.

The Basic Conditions of Employment Act applies to all employers and workers, except:

• Members of the National Defence Force.
• Members of the National Intelligence Agency.
• Members of the South African Secret Service.
• Unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

• Workers in senior management.
• Sales staff who travel and regulate their own working hours.
• Workers who work less than 24 hours in a month.
• Workers who earn more than an amount stated in terms of section 6 (3) of the Act.
• Workers engaged in emergency work are excluded from certain provisions.

Remuneration for family responsibility leave

• The employer is required to pay an employee for up to three days of Family Responsibility Leave the wage the employee would ordinarily have received for work on that day, which is payable on the employee’s usual pay day.
• Before paying an employee for leave in terms of this section, an employer may require reasonable proof of an event for which the leave was required.
• An employee may take Family Responsibility Leave in respect of the whole or a part of a day.
• An employee’s unused entitlement to leave in terms of this section lapses at the end of the annual leave cycle in which it accrues.
• A collective industry or union agreement may vary the number of days and the circumstances under which leave is to be granted in terms of this Act. 

Parental Leave

When an employee becomes a parent, regardless of gender, they are entitled to 10 consecutive days of parental leave, which may begin from when the child is born. It is important to note that these are calendar days, not working days, so if a baby is born on a Monday, the parent may take leave from that day until Wednesday the following week. Parental leave doesn’t apply for mothers who give birth, who are entitled to maternity leave.

Adoption Leave

The adoption process is slightly more complicated than regular childbirth, which is why adoptive parents are entitled to 10 consecutive weeks’ adoption leave. However, if there are two adoptive parents, only one may take adoption leave while the other is entitled to regular parental leave (10 consecutive days). The leave may start from the day the adoption order is granted, or the day the child is placed in the care of the prospective adoptive parent.

Commissioning parental leave

Commissioning parental leave relates to surrogacy. The BCEA states that the parent who will primarily be responsible for looking after the child, which is delivered via a surrogate mother, will receive 10 consecutive weeks off. In the event that there are two parents, one is entitled to take 10 consecutive weeks while the other is entitled to normal parental leave of 10 consecutive days. Leave in both instances can begin from the day the child is born.

Anisha Naidoo

Human Resources Manager

References

Zoe (2021) Paternity leave in South Africa, LeavePro. Available at: https://www.leavepro.co.za/blog/paternity-leave-in-south-africa/ (Accessed: 20 April 2024).