| 25.1 | 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 25C of the Basic Conditions of Employment of of 1997 [as amended]. |
| 25.2 | An employee, who is a commissioning parent in a surrogate motherhood agreement is, subject to subsection (7), entitled to— |
| (a) | commissioning parental leave of at least ten weeks consecutively; or |
| (b) | the parental leave referred to in clause 23 above. |
| 25.3 | An employee may commence commissioning parental leave on the date a child is born as a result of a surrogate motherhood agreement. |
| 25.4 | 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 commissioning parental leave; and |
| (b) | return to work after commissioning parental leave. |
| 25.5 | Notification in terms of subsection (4) 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. |
| 25.6 | The payment of commissioning parental benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001) [as amended]. |
| 25.7 | 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 referred to in clause 23 above : Provided that the selection of choice must be exercised at the option of the two commissioning parents. |
| 25.8 | In this section, unless the context otherwise indicates— |
'commissioning parent' has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No. 38 of 2005) [as amended]; and
'surrogate motherhood agreement' has the meaning assigned to it in section 1 of the Children's Act, 2005 (Act No. 38 of 2005) [as amended].
