South Africa: Paternity, Adoption, Surrogacy Leave Take Effect

Connecticut Enacts Paid Family and Medical Leave

South African paternity and parental leave entitlements, including new coverage for adoptive and commissioning parents in a surrogate motherhood agreement, are in force from 1 Jan 2020. The Labour Laws Amendment Act was published on 27 Nov 2018, but the effective dates were unknown. Leaves are unpaid, but employees can claim benefits under the Unemployment Insurance Fund. The leave entitlements include:

  • An increase to 10 from three days of leave entitlement for fathers and non-primary caregiver parents.

  • Ten consecutive weeks of parental leave for parents adopting a child under the age of two from the date when the adoption is granted or pronounced by the court. The non-primary caregiver would be entitled to 10 consecutive days' leave. Parents who contract for delivery of a child through a surrogacy agreement would be entitled to the same leave arrangements from the child's birth. 

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Fiona Webster
by Fiona Webster

Principal, Mercer’s Law & Policy Group

Stephanie Rosseau
by Stephanie Rosseau

Principal, Mercer’s Law & Policy Group

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