Direct Answer
The Basic Conditions of Employment Act was amended in 2018 to grant 10 consecutive days of parental leave to the non-birthing parent (including fathers, adoptive parents in same-sex couples, and commissioning parents in surrogacy). UIF parental benefits compensate during this period.
What the Law Says
Your Legal Foundation
Basic Conditions of Employment Act 75 of 1997
Section 25A
“An employee who is a parent of a child (other than the parent entitled to maternity leave) is entitled to at least 10 consecutive days of parental leave when a child is born or adopted.”
Unemployment Insurance Act 63 of 2001
Section 26A
“A contributor who takes parental leave is entitled to UIF parental benefits for the duration of the leave.”
Common Questions
Frequently Asked Questions
Is parental leave paid in South Africa?
Not by the employer (unless the contract provides), but UIF parental benefits compensate you during the 10-day leave period.
Can both parents take leave simultaneously?
One parent takes maternity leave (4 months); the other takes parental leave (10 days). They can overlap or be taken separately.
Does parental leave apply to adoptive parents?
Yes. The BCEA grants 10 weeks' adoption leave to the primary caregiver. The non-primary adoptive parent is entitled to 10 days' parental leave.
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