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Section 25A of the Basic Conditions of Employment Act applies.   


(1) An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave.

(2)  An employee may commence parental leave on—

(a) the day that the employee’s child is born; or

(b) the date—

(i) that the adoption order is granted; or

(ii) that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child, whichever date occurs first.

(3)  An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to—

(a) commence parental leave; and

(b) return to work after parental leave.

(4)   Notification in terms of subsection (3) must be given—

(a) at least one month before the—

(i) employee’s child is expected to be born; or

(ii) date referred to in subsection 2 (b); or

(b) if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(5)   The payment of parental benefits will be determined by the Minister, subject to the provisions of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001).


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