The Basic Conditions of Employment Act No 75 of 1997, as amended, governs different types of leave. There was an Amendment Act No 10 of 2018 that covered various amendments, including leave for adoption.

There is confusion within the Department of Employment and Labour. It doesn’t seem to properly educate its inspectors and advisers. Above this, many trade union officials have not been kept up to date on the new types of leave. Lately, I have had many queries about adoption leave.

Obviously, adoption must be that as envisaged in the Children’s Act of 2005. Under the legislation, maternity benefits will be paid to adoptive parents. An employee who is an adoptive parent of a child below the age of 2 is entitled to at least 10 weeks’ leave consecutively, or parental leave of at least 10 consecutive days.

It will be up to the adoptive parents to decide who takes the parental leave, and who the adoptive leave. The employees must notify the employer, in writing, on the date on which the employee intends to start adoption leave and when they intend to return to work. The notification should be given to the employer at least a month before the date of taking leave.

Likewise, the employee taking parental leave must do the same with their employer. Invariably, their employers are different employers and a similar notification has to be sent to each employer. In other words, if the adoption order is made for two adoptive parents, one applies for the adoption leave and the other for...

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