ACDP Member of Parliament Cheryllyn Dudley this afternoon gave an update regarding the Labour Laws Amendment Bill, which provides for fathers and adoptive parents to take leave.

“The legislation stipulates that this leave is applicable from the time the baby is born or from receipt of an adoption order or from when the child being adopted is placed in the parent(s) care (whichever is first).  This will be paid through UIF but the Minister still has to determine the amount of the UIF payment.  Sadly the family responsibility leave now falls away.

The National Council of Provinces (NCOP) is scheduled to adopt the four Labour bills on 21 August 2018. President Cyril Ramaphosa is also expected to put signature to the bills by September, and the implementation target date is 1 October 2018. The Department of Labour is busy preparing, and the ACDP will be following up with questions regarding this preparation.

Thinking of those fathers who are having babies in the next couple of months - and were hoping for this relief - I am appealing to companies to consider showing their appreciation for their staff by providing fathers who are wanting to share the experience and responsibility of child birth with their partners an extra 3 to 10 days leave at this time – on the company.

The ACDP’s Parliamentary Media Liaison Officer recently had his first child and in anticipation of the legislation coming in to law the ACDP covered the cost of 10 days leave for him to bond with his baby and to share the responsibility of the new baby with the baby’s mother.”

The salient features of the amendment Bill are as follows:

1.       Clause 25A(2) sets out when an employee may claim parental leave.
2.       Clause 25A(5) authorises the Minister to make regulations to determine the payment parental benefits subject to the UIF Act.
3.       Clause 25B(1) provides that an employee may only claim adoption leave for a child below the age of 2.
4.       Clause 25B(2) sets out when an employee may claim adoption leave.
5.       Clause 25B(5) authorises the Minister to determine the payment of adoption leave subject to the UIF Act.
6.       Clause 25C(1) sets out the duration of commissioning parental leave.
7.       Clause 25C(2) determines when commissioning parental leave may commence.
8.       Clause 25C(5) authorises the Minister to determine the payment of commissioning parental leave subject to the UIF Act.


8 August 2018