Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Textile Bargaining CouncilCollective AgreementPart 1D: Annual Leave24. Adoption Leave |
| 24.1 | Unless otherwise specified in the relevant Annexures in Part 2 of this Agreement, the provisions of this clause are governed by the provisions of Section 25B of the Basic Conditions of Employment of of 1997 [as amended]. |
| 24.2 | An employee, who is an adoptive parent of a child who is below the age of two, is subject to subsection (7), entitled to— |
| (a) | adoption leave of at least ten weeks consecutively; or |
| (b) | the parental leave referred to in section 25A. |
| 24.3 | 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. |
| 24.4 | 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. |
| 24.5 | Notification in terms of subsection (4) must be given— |
| (a) | at least one month before the date referred to in subsection (3); or |
| (b) | if it is not reasonably practicable to do so, as soon as is reasonably practicable. |
| 24.6 | The payment of adoption benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001) [as amended]. |
| 24.7 | 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 referred to in section 23 above: Provided that the selection of choice must be exercised at the option of the two adoptive parents. |
| 24.8 | If a competent court orders that a child is placed in the care of two prospective adoptive parents, pending the finalisation of an adoption order in respect of that child, one of the prospective adoptive parents may apply for adoption leave and the other prospective adoptive parent may apply for the parental leave referred to in section 23 above: Provided that the selection of choice must be exercised at the option of the two prospective adoptive parents. |