KNOW YOUR PARENTAL LEAVE RIGHTS

You’re expecting a baby! That’s great news – now, do you know your parental leave rights?

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A new parent, you deserve the benefits that come with choosing to care for something more than yourself. Because when you’re on night 103 of disrupted sleep and have spent the GDP of a small African country on nappies, you might be scratching your head, thinking, “Why did I do this?”

Now, South Africans already get more leave than most. There are those 12 public holidays a year, plus annual leave, ‘duvet days’, ‘sick days’, ‘wellness days’, ‘mental health days’ and the right to family responsibility leave for when a child is sick or there is a death in the family.

It’s bad news for business owners but good news for the rest of us. So take your leave! It’s not like those employees who never take leave get perfect attendance certificates like at school. You better believe that others in the office are using every single one of their leave days. And if you insist on being a martyr, just remember that the only people who notice you being chained to your desk are your children and loved ones.

South Africa has one of the most robust Constitutions in the world and, along with all your other rights, parental leave has evolved to support a more inclusive and family-friendly work environment. While mothers often claim maternity benefits, fathers and adoptive parents can also access UIF benefits during their respective parental leave periods. So let’s investigate parental leave, compensation and the Unemployment Insurance Fund (UIF).

@legal_leaders_sa Parental Leave Benefits for South African Employees 🇿🇦 #knowyourright #unemployed #employer #employee #labourlaw ♬ Bubble - Official Sound Studio

DURATION OF PARENTAL LEAVE
How much time off are you entitled to? It depends on a few things, including how much time off you can afford.

Maternity leave provides new moms with up to 16 weeks of paid leave, depending on the company’s policy and other factors like how long you’ve been employed by the company before the start of your maternity leave. Your company benefits could cover your full salary or only a percentage of it. For the shortfall, see UIF (far right).

Moms can choose to return to work before their 16 weeks are over, if they prefer to and if they’re cleared by their doctor. For many, however, this is necessary because they cannot afford to take the full period at an unpaid or partially paid rate.

Recent amendments to the Basic Conditions of Employment Act have expanded parental leave to recognise the importance of fathers, and dads now get 10 consecutive days of parental leave. Additionally, adoptive parents are entitled to 10 consecutive weeks of adoption leave to bond with their child.

COMPENSATION DURING PARENTAL LEAVE
Understanding your financial entitlement during parental leave is crucial. Maternity leave benefits are often covered by the employer or maternity insurance, providing a percentage of your salary. However, the compensation landscape changes when it comes to fathers and adoptive parents, who are not legally entitled to full salary compensation during their parental leave.

Instead, the responsibility lies with the employer and employee to negotiate and determine the terms of payment during this period. Book a meeting with your boss and human resources manager to get answers for your specific situation.

UNEMPLOYMENT INSURANCE FUND (UIF)
Nobody wants to have to claim UIF (as it implies you have lost your job), but if you have earned a salary then you have contributed to this fund, and are entitled to take your share.

Mothers can claim up to 121 days of UIF, receiving just over 50% of their salary (provided they are not still receiving their full salary from their employer). Note that, as with most things government-related, there is a lot of admin and queuing required for this.

Fathers and adoptive parents can also access benefits from the UIF during their respective parental leave periods. Note, the amount is not equal to your full salary and is subject to certain limitations, where the amount is based on a percentage of your salary and capped at a specific threshold.

Again, speak to your boss or HR and get everything agreed to in writing.

By: Dylan Muhlenberg
Photo: Getty/Gallo Images