John’s* wife just had a baby, and he wants to be there to help out. How much paternity leave do dads in South Africa get, and who pays for these allocated days? Scorpion Legal Protection discusses what the law says.
Scorpion Legal Protection’s advice
While the new laws haven’t come into practice yet, the Labour Relations and Labour Amendment acts, signed into law at the end of last year, will increase paternity leave for working dads after the birth of their children from 3 days to 10 days. The laws also allow for 10 weeks of parental adoption leave when an adoption order is granted, as long as the baby is under two years old. This only applies to one parent though, so both parents can’t claim for the same benefit. The law will see increased UIF and maternity benefits for new parents.
A commencement date for these new benefits must still be decided by the Department of Labour though, so they haven’t practically come into effect yet.
It’s important to note that it’s not the employer’s responsibility to pay out for paternity leave, it comes out of the Unemployment Insurance Fund (UIF). So you would have to apply for this the same way you would apply for UIF if you were unemployed. Employees will be given a partial payout that can be up to 66% of the father's salary.
The three days of family responsibility leave will still exist, but this leave is something completely separate from parental leave. Family responsibility leave cannot be used when a child is born. It can be used in cases when a child falls sick or passes away.
Tips:
- Paternity leave has been increased from 3 days to 10 days, although the law hasn’t come into effect yet.
- Family responsibility leave will still exist, but it can’t be taken when a child is born.
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* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.