What you need to know about the 10 days paternity leave for SA's working dads

Last year, President Cyril Ramaphosa signed a landmark law that provides new fathers with 10 days consecutive paid leave after the birth of their child.

But many questions remain about the amendments, what they mean, and when they come into effect.

Read: 10 days paternity leave for dads a 'baby step' in right direction - law group

Employment law expert Anli Bezuidenhout says the while Act has been signed into law, a commencement date has yet to be given by the Labour Department.

The law is only likely to take effect in the second half of this year once the department has put in place the necessary administrative functions and procedures, she says.

Bezuidenhout tackled some frequently asked questions about parental leave and how it will apply to fathers.

  • Who pays?

Paternity leave will be paid out of the Unemployment Insurance Fund (UIF), it will not be the employer’s responsibility.

  • How much?

Employees will be given a partial payout. It can be up to 66% of the father's salary.

  • Can dads bargain?

Employees can negotiate some kind of co-payment with their employer to pay the balance of their salary and establish a work back contract for when they return to work.

  • When must the leave be taken?

The leave may commence when the child is born. Bezuidenhout says the Act provides the scope for fathers to negotiate with their employers.

  • What must employers do?

Employers need to amend their employment contracts to make them compliant with this new law.

  • What happens to family responsibility leave?

The three days of family responsibility leave will still exist and remains separate from parental leave.

However, it cannot be used when a child is born. It can be used in cases when a child falls sick or passes away.

Listen to the informative discussion on The Pippa Hudson Show:


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