Paid parental leave, which means working dads and some other caregivers will get 10 days to spend with their newborn babies, is set to come into effect on January 1.

Trade union federation Cosatu on Monday called its enactment a “historic and long fought for victory for workers, parents, children and families across South Africa”. 

President Cyril Ramaphosa in November 2018 promulgated the Labour Relations and the Labour Amendment acts, which made provision for paid parental leave.  The president signed off on the commencement of sections in the acts related to paid parental leave on December 18, 2019, according to a gazette issued by the Employment and Labour Department last week. 

Cosatu’s parliamentary coordinator Matthew Parks explained that the 10-day paid parental leave does not apply to mothers, as they already have paid maternity leave. “In essence, this covers fathers of new-born children and mothers of children born through surrogacy,” he explained.

The trade union federation issued a warning to employers to comply with the law. “Employers who defy it will be violating Unemployment Insurance and Basic Conditions of Employment Acts,” Parks said.

Parents are entitled to take paid parental leave once a calendar year and they must apply for it from their employer.

Workers claims

In the event that an employer cannot pay the full salary of the worker – a claim can be lodged with the Unemployment Insurance Fund, Parks said. “The UIF will pay those workers 66% of their salary up to the BCEA (Basic Conditions of Employment Act) earnings cap of R205 433.30 per annum,” he added.

“We encourage all eligible parents to exercise this progressive right. Equally it is important that parents use this leave for what it is intended for, namely to help the mother recuperate from birth and to take care of their new born child,” Parks said.

Compiled by Lameez Omarjee