Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Furniture Manufacturing IndustryWestern CapeExtension to non-parties of the Main Collective AgreementPart lB - Terms and conditions of employmentClause 28 - Parental benefits |
| (1) | Parental Leave |
| 1. | An employee, who is a parent of a child, is entitled to at least ten consecutive days unpaid parental leave. |
| 2. | An employee may commence parental leave on— |
| (a) | the day that the employee's child is born; or |
| (b) | the date— |
| (i) | that the adoption order is granted; or |
| (ii) | 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. |
| 3. | An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to— |
| (a) | commence parental leave; and |
| (b) | return to work after parental leave. |
| 4. | Notification in terms of subsection (3) must be given— |
| (a) | at least one month before the— |
| (i) | employee's child is expected to be born; or |
| (ii) | date referred to in subsection 2(b); or |
| (b) | If it is not reasonably practicable to do so, as soon as is reasonably practicable. |
| (2) | Adoption Leave |
| 1. | An employee, who is an adoptive parent of a child who is below the age of two, is entitled to— |
| (a) | unpaid adoption leave of at least ten weeks consecutively; or |
| (b) | the parental leave. |
| 2. | An employee may commence adoption leave on the date— |
| (a) | that the adoption order is granted; or |
| (b) | 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. |
| 3. | An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to— |
| (a) | commence adoption leave; and |
| (b) | return to work after adoption leave. |
| 4. | Notification in terms of subsection (3) must be given— |
| (a) | at least one month before the date referred to in subsection (2); or |
| (b) | if it is not reasonably practicable to do so, as soon as is reasonably practicable. |
| 5. | If an adoption order is made in respect of two adoptive parents, one of the adoptive parents may apply for adoption leave and the other adoptive parent may apply for the parental leave. |
| (3) | Commissioning Parental Leave |
| 1. | An employee, who is a commissioning parent in a surrogate motherhood agreement is, entitled to— |
| (a) | unpaid commissioning parental leave of at least ten weeks consecutively; or |
| (b) | the parental leave. |
| 2. | An employee may commence commissioning parental leave on the date a child is born as a result of a surrogate motherhood agreement. |
| 3. | An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to— |
| (a) | commence commissioning parental leave; and |
| (b) | return to work after commissioning parental leave. |
| 4. | Notification in terms of subsection (3) must be given— |
| (a) | at least one month before a child is expected to be born as a result of a surrogate motherhood agreement; or |
| (b) | if it is not reasonably practicable to do so, as soon as is reasonably practicable. |
| 5. | If a surrogate motherhood agreement has two commissioning parents, one of the commissioning parents may apply for commissioning parental leave and the other commissioning parent may apply for the parental leave. |